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Homes Policy Development Group - Tuesday, 9th September, 2025 2.15 pm
September 9, 2025 View on council website Watch video of meetingSummary
The Homes Policy Development Group met on 9 September 2025, electing Councillor Jim Cairney as chair for the meeting, and recommending to cabinet the adoption of a new policy regarding mobility scooters in flats, as well as an updated tenancy agreement. The group also discussed the updated Medium Term Financial Plan, and received an update on a historic rent error.
Medium Term Financial Plan
The group reviewed the updated Medium Term Financial Plan (MTFP) covering 2026/27 to 2028/29, which included options for cost pressures, savings, and income related to services. Paul Deal, Head of Finance, Property and Climate Resilience, advised the group to consider the General Fund and the Housing Revenue Account separately.
The report differed from previous years due to expected changes from 2026/27 and long-term restrictions from Local Government Reorganisation (LGR). The report highlighted uncertainty regarding funding from 2026/27 and estimated a potential shortfall range.
General Fund Budget Options
Officers identified budget options to address the shortfall, using a Red, Amber, Green (RAG) assessment, recommending support for Green and Amber options.
Housing Revenue Account Budget Options
The Housing Revenue Account (HRA) budget was based on assumptions about pay awards, utility prices, contractor/materials pricing, and income projections. A funding shortfall of £541,000 was forecast for 2026/27, rising to £1,796,000 over three years, requiring savings proposals.
Discussion points included:
- The need to estimate the Homelessness Prevention Grant due to uncertainty.
- Being prudent when assessing the future budget.
- Considering the proposal to increase the budget for climate change given the forecast financial position.
- The expected increase in income due to the Extended Producer Responsibility and that this would offset the loss of the Devon County Council Share Savings.
- The question marks shown in the report against the Collection Fund.
- The Homes for Ukraine Scheme would continue as required by the government.
- The robust approach being taken regarding vacancy approvals by senior management.
- Temporary accommodation costs.
- Whether the figures took account of the delay of six weeks in the payment of Universal Credit.
- Rent Convergence, explained as aligning social rent levels across the country, was currently out for consultation by the government with the outcome determining the level of the weekly increase allowed.
The group recommended to Cabinet that:
- The updated MTFP position for both the General Fund and the HRA covering the years 2026/27 to 2028/29 be noted.
- The budget proposals as set out in Appendices 2, 3 and 6 be approved.
The reason for the decision was that regular reviews of the MTFP ensure that the council's Corporate Plan priorities are affordable, and that the implications of the budget gap were set out within the paper.
Mid Devon Housing Mobility Scooter Policy Report
The group reviewed a report from the Head of Housing & Health setting out a proposed new policy in relation to mobility scooters in flats.
The report highlighted:
- Clear fire safety guidance from the government and Devon & Somerset Fire & Rescue, requiring the council to adhere to it.
- The issue was raised after a Fire Service visit to the St George's Court development in Tiverton, which has two lifts, increasing the potential for mobility scooters to travel between flats.
- Mobility scooters can block access and exit points in an emergency and pose fire risks.
- The range and quality of mobility scooters varies greatly.
- Following the policy's approval, tenants can make informed choices about preferred properties.
Considerations included:
- The council will not install charging points, as mobility scooters are classed as leisure vehicles and are not covered under the council's Aids and Adaptations Policy.
- All tenants were made aware of the proposed policy and the council's legal requirements.
- Support, such as Portable Appliance Testing (PAT) testing, could be provided through the handyman service.
- The Housing Service is assessing mobility needs for tenants across the district.
- There are currently 270 Mid Devon Housing flats above ground floor, with an estimated 10 properties potentially affected by the policy.
The group recommended to the Cabinet that it recommends to full Council the adoption of the new Mobility Scooter in Flats Policy and the Equality Impact Assessment contained in Annexes A and B respectively.
The reason for the decision was that as a registered provider of social housing, the council must comply with regulatory standards set by the Regulator of Social Housing, including safety legislation and the statutory Safety and Quality Standard. The policy was developed considering the National Fire Chiefs Council (NFCC) safety guidance for mobility scooters.
Variation of Tenancy Agreement
The group considered a report from the Head of Housing & Health outlining the legal requirements for varying the terms and conditions of tenancy for existing tenants.
The report outlined that:
- The document sets out the rights and responsibilities of tenants.
- 3,000 consultation packs were sent out regarding the Variation to the Tenancy Agreement.
- All references to Flexible Tenancies had been removed and a new clause added for CCTV.
- More detail had been added regarding Anti-Social Behaviour (ASB) and keeping people safe.
- Multiple ways for tenants to respond to the consultation were offered, ending on 30 June 2025.
- 214 responses were received, equating to approximately 7%.
- The majority of responses said the new Tenancy Agreement was clear and sensible, with some concerns about communal spaces.
- The aim was to issue the new Tenancy Agreement by the end of October 2025 following approval.
Discussion included:
- Whether powers around ASB would be strengthened, which was confirmed.
- A response rate of 7% was typical following a consultation.
- It was felt that for many 'not responding' was probably a sign that they were 'happy'.
The group recommended to that Cabinet that:
- a) The Tenancy Agreement is approved subject to any responses from new tenants signed up after the preliminary consultation ended.
- b) Delegated authority be given to Head of Housing and Health (in consultation with the Cabinet Member for Housing, Assets and Property Services) to review the consultation responses from the new tenants and authorise such changes to the new tenancy agreement as he considers necessary in the light of any late consultation responses.
- c) Delegated authority be given to Head of Housing and Health (in consultation with the Cabinet Member for Housing, Assets and Property Services) to draft and serve the notice of variation to existing secure/introductory tenants under section 103 of the Housing Act 1985 to vary the terms and condition of their tenancies so that they are on the terms and conditions of the new tenancy agreement.
The reason for the decision was that as a registered provider of social housing, the council was obliged to comply with the requirements of the Housing Act 1985, and the council's legal team had been closely engaged through this process.
Mid Devon Housing Rent Error Update
The group noted a report from the Deputy Chief Executive (S151) and the Head of Housing & Health providing an update on the corrective measures completed and next steps in order to rectify an identified historic rent setting error.
The report outlined:
- A brief summary of the historic background to the report.
- Progress since the last report, with significant chasing undertaken with affected tenants.
- All Housing Benefit claims for live tenancies had now been processed.
- The council was reliant on the Department for Work and Pensions (DWP) to assist with tenant calculations, which was proving complicated.
- There was a large cohort of Universal Credit claimants where refunds could not be processed due to individual complications, and these tenants were being encouraged to engage directly with the DWP.
- The council was not the only housing provider in this situation.
- The work of the Rent Recovery Team had ensured that the council was ahead of the game where it could be.
Consideration was given to:
- Concern that Universal Credit claimants were being kept in the loop, which was confirmed.
- The council had no legal right to know what benefits a tenant received.
- The council had not received any complaints so far from tenants, who understood that the council was waiting for the DWP.
- Resources to support this work would continue until the process was complete.
- Advice was being provided to other local authorities experiencing the same issues.
- The team were confident nobody had been unjustly evicted as a result of this issue.
Mid Devon Housing Service Delivery Report for Q1 2025-2026
The group noted a report from the Head of Housing & Health containing performance information as measured in line with the guidance relating to the Tenant Satisfaction Measure (TSMs).
The Head of Housing & Health briefly explained that the service was performing well, quarter 1 data was strong and was expected to improve in the coming quarters. Annual repairs had taken a dip but all safety measures were where they should be.
National Housing Update Briefing
The group received a presentation providing a summary of national changes in the social housing sector within the context of the Ministry of Housing, Communities and Local Government (MHCLG) 'five-step plan for renewal' (July 2025). This plan was focussed on increasing the supply of social housing and continuing change in the safety and quality of homes.
The presentation included the following information:
- Nationally there was not enough social and affordable housing.
- Locally, the Devon Housing Commission report (2024) had identified the same issues across the county.
- Mid Devon's Housing Strategy aimed to build / acquire more Mid Devon Housing social housing properties, grow development pipeline, invest in the current stock, acquire temporary accommodation properties and support 100% of Homelessness presentation.
- The Government would provide a boost to affordable homes funding through the new Social and Affordable Homes Programme (SAHP).
- Sector financial capacity:
- A 10-year rent cap settlement would allow for annual increases of CPI + 1% from April 2026.
- Rent convergence bringing rent for historic tenancies up to national Formula Rent and aligning social rent levels over time. There was currently a consultation on £1 or £2 per week.
- Currently more than half Mid Devon Housing tenants had long-standing rents that sat below Formula Rent that could only be lifted when the tenancy changed.
- Continued provision of low-interest loans to support housing development.
- There were a number of regulatory changes including:
- Updated Decent Homes Standard (DHS) consultation.
- Implementation of Awaab's Law from October 2025 with stringent timelines for investigating and resolving damp & mould and emergency hazards.
- Mandatory full (inspection) electrical safety checks every five years from November 2025.
- Proposals to implement minimum EPC Band C energy standard within social rental sector by 2030.
- Mandatory Competence and Conduct Standard coming into force in October 2026 setting out minimum qualification standards for specific housing staff/roles.
- There was a raft of additional Right to Buy changes.
- There would be a greater tenant focus in terms of the 'Resident Experience Innovation Fund', allocation policies and tenants access to information.
Discussion included:
- The Housing Service faced a lot of challenges and the team as whole were praised for working hard and being so proactive.
- The Government had said that damp & mould was an issue that needed to be solely dealt with by individual local authorities and there would be no additional funding to support this work.
- The 'Rent Convergence' issue and the difference to a tenant of being charged either £1 or £2 extra per week.
- Regarding the competency issue and the future need to ensure all officers were trained and qualified where necessary, it was confirmed that the compliance rate for Mid Devon Housing was currently at 56%, however there is a period transition and the council have several years to be fully compliant.
Identification of items for the next meeting
The items already listed in the work programme for the next scheduled meeting were noted.
It was requested that the following be added to the agenda for the next meeting:
- Grass cutting for sheltered housing units.
It was also noted that the Housing Strategy would need to slip until early 2026 as the Government were currently undertaking a number of initiatives which would have an impact on the Mid Devon Housing Strategy.
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No topics have been identified for this meeting yet.
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