Skills and Knowledge from the HCA
******************************************************************************************************
The debate is now officially closed. We would like to take this opportunity to thank you all for your valuable contributions. A full report from the debate will be available in the next couple of weeks.
******************************************************************************************************
Tackling empty homes is one of the Coalition Government’s policy priorities and Housing Minister, the Rt Hon Grant Shapps, has lent his support to our online debate. He’s calling for contributions and ideas about how to get more empty homes back into use.
You can find out more about the Housing Minister’s views on empty homes, by watching the film below:
Due to high interest in the debate, we’re extending the closing date until 31st August 2010.
The debate explores new ways to maximise the use of empty homes.
Further films have been produced to spark discussion and provide the latest thinking from industry experts including:
The debate will provide the Homes and Communities Agency (HCA) and Empty Homes (EH) with greater insights into current and emerging challenges faced by local authorities that will be used to inform the development of further innovative practice.
Log onto the following resources:
Denbighshire Empty Homes Project
If you have general questions, comments and suggestions regarding the Debate Place please e-mail Zabir Moghal on Zabir.Moghal@hca.gsx.gov.uk
138.
My recommendations for the debate:
- Make tackling empty homes a statutory duty
-Encourage Council Councils to come on board
- Share services across areas if necessary
- Give housing related funding directly to local authorities so they can spend it on locally identified priorities, cutting out the wasteful abortive work that accompanies regimes where funding has to be 'bid' for
- Encourage good use of enforcement tools and remove barriers internally that may stop empty property officers doing their jobs. EPOs use a whole raft of legislation and can become very knowledgable across a multitude of areas - EPOs should be emppowered to do this, like my authority enables me.
- RSLs will come on board if that's where the funding is - any business goes where the money is
- Too much emphasis is being placed upon community groups and housing co-ops as being the solution. They may be effective if the owner is willing, or with public sector stock. It is unlikely they will have the resources to trace owners, negotiate intensively with them and have any ability to use enforcement tools if empty properties continue to be a problem.
- Streamline EDMOs
Basically, equip EPOs with the necessary skills and enforcement tools, remove all internal barriers e.g. no authority should be witholding council tax information from EPOs. Give local communities that dedicated resource of a skilled officer, backed up with some finance and the community will reap the benefits
Sue Li, Empty Property Officer, Amber Valley Borough Council - 27 Aug 10, 12:05pm
137.
Current void or vacant properties can be put back into use quickly using Property Guardians, we provide a free service to RSL's and councils, advantage of this reduces waiting lists and provides protection for vacant properties that otherwise might be targeted by squatters.
Please look at our site for more indepth details or please contact me to discuss further. together we can eliminate vacant buildings, simply and quickly!.
www.adhoc.eu
Keywords: Leadership, Solution
Jonathan Vickers, Marketing Exc, Property Management - 27 Aug 10, 10:34am
136.
Here at Bradford we are late joining the debate but have read the comments so far with interest and a great feeling for how much shared passion, opinion and expertise there is in the arena of empty homes.
Funding and Resources
As a non statutory function, empty homes work could be seen as an easy target for cuts in funding. However, there is a huge demand for the service we provide from members of the public, and an expectation of what we can deliver. At a time when government is keen for the electorate to decide what services they want in their area, we are sure empty homes will feature heavily in this wish list. People are very passionate about the effect empty homes are having on their neighbourhood, and this has always been an important driver for the work we do.
Politically, at a local level, it is an important issue for Councillors. We have close and regular contact with Members throughout the district regarding particular empty properties, and they are always very supportive of the work we do and share frustrations over lack of enforcement tools available. Recently Councillors in Bradford voted to increase Council Tax charge to 100% for empty properties, with the increased revenue to be ploughed into empty homes work, introducing initiatives to help owners of empty properties bring them back into use.
Politically, at a central government level, we are pleased that the opportunities that empty homes represent and the barriers to further success are being seriously explored.
Empty homes work can be very resource intensive. To bring one long term empty property back into use may involve hundreds of hours of Officer time. We take the view that one empty brought back into use can lift a whole neighbourhood, especially when the property was causing long term serious blight in an area. It is something very visible that the community can see the Council are doing, and something that the pubic themselves cannot do.
A good revenue budget is essential for successful empty homes work, but this needs to be backed by a good capital budget. The ultimate threat of CPO can only be achieved if the funding is in place. In most cases CPOs do not come to fruition because the threat and process up to the approval of the order force the owner into action. However, without the capital to back this process, should it be needed, there is no tool of last resort. In Bradford approximately 9 out of 10 CPOs do not come to fruition, but the properties are brought back into use. Not spending the capital budget for empty properties should not be seen as a failure. Also, it is difficult to tie spend on CPOs to a financial year, and often there has to be carry over.We support the proposal of HCA acting as a bond guarantor for CPOs. Even if the CPO does come to fruition, in the majority of cases some or all of the money will be refunded when the property is subsequently sold on by the LA. This HCA CPO fund would therefore be replenished.
Partnership Working
We have tried with limited success to work with RSLs , a view that seems to be shared by many others. Where we have been successful in bringing them to the table, the proposals of the LA giving the RSLs properties for them to renovate and include in their stock do not add up for them. It is always the same story, new build is where the funding is. More emphasis should be placed on the regenerative gain to an area of renovating a property and bringing it back into use, instead of looking at the property in isolation. We have had one success with an RSL taking empty properties from us, renovating and renting for 7 years, after which they will be sold as part of a low cost home ownership scheme.
Where properties are being purchased from the private sector for the public sector, someone has to pay, whether it is the Local Authority or the RSL. It is an expensive option for the public purse, but again, we would emphasise the gain to the neighbourhood and the advantages of mixed tenure communities. Some changes need to occur, from HCA, that give RSLs the confidence to take on empty properties.
Other partnerships that we are engaged in are working better with Planning Officers to use planning legislation to tackle blight, Council Tax and Social Servcies to use debt to enforce the sale of properties.
We also work with the Police, on an informal basis. Many empty properties are associated with crime, such as mortgage, benefit and credit fraud, money laundering, identity fraud, cannabis factories etc. We would like to strengthen the relationship with the Police, perhaps on a more formal footing regarding what information we can share. We would also like better links to the CPS. A better national profile for empty homes work and an acknowledgement of our role in tackling crime would assist in achieving these links.
We attend sub-regional and regional empty homes groups which work very well at providing advice, information and sharing good practice.
Enforcement
We have a small dedicated team working on empty homes. We feel this is crucial as empty homes work, absolutely reliant on regular and sustained contact with owners, gets lost amongst other housing enforcement work. The core of the Team is 2FTE Environmental Health Officers who bring structured, housing based knowledge and enforcement mindset to deal with the worst properties. Complementing this are an Empty Homes Officer, Technician and 2 Empty Homes advisors (soon to commence in post). These 4 Officers deal with securing properties, making first contact with owners, soft touch action and advice.
The aspects we think are important in empty homes work are
• a range of initiatives to help bring empties back into use
• sound working knowledge of legislation (housing law, property law , probate )
• good investigative skills and access to systems that allow this
• understanding of the mindset of empty property owners ,
• consistent personal contact and sustained, relentless pressure enabling good relationships with owners,
• good partnership working. We are constantly looking for ways to work with other agencies.
Wherever possible, we want the owner to bring the property back into use, and will persist with this whilst we think there is a chance of this being achieved.
We have a range of “soft touch” interventions, including introducing a service by which we will prepare action plans with owners to help them achieve their ambition with regard to an empty property.
We use all appropriate legislation for tackling insecure premises , building defects and statutory nuisance.
Tools we use to try to effect a change of ownership are
• CPO using Section 17 Housing Act 1985
• Enforced sale- using whatever appropriate debt we can. We would be interested in HCA or Empty Homes exploring the governments announcement that it would “ ban orders for sale on unsecured debts of less than £25,000." This could seriously affect the work we do in this area.
• Putting prospective purchasers in touch with empty property owners
• We purchase the property from the owner for either sale on the open market or release to partner RSL
• Legal Assistance scheme. Free appointment with a solicitor to discuss work needed to rectify defective title, probate etc. If appropriate will pay for all legal work needed, which is re-paid to us on sale.
• Loans- to be introduced in January 2011. Equity based fixed term loans.
We do not use EDMO’s. This decision has full political support. We agree with other respondents regarding their fitness for purpose. We would not threaten the use of an EDMO without the systems in place to back this up. In addition, we concentrate enforcement action on the worst properties, which due to their dilapidated condition, are not suitable for EDMOs. We look for final solutions for properties, and an EDMO does not provide this.
Recommendations
1. Empty Homes work is recognized as being a crucial area of work best placed in its own dedicated team within the Local Authority.
2. It is acknowledged that skills, local knowledge and continuity of a core staff team is critical in delivering empty home outcomes, and resources are made available to ensure it is possible for Local Authorities to achieve this
3. HCA needs to push/enable RSLs to take a more active role in bringing empty properties back into use.
4. HCA sets up a fund to lend money to Local Authorities for CPO work. This fund will be to some extend recyclable, and operate more as a bond scheme.
5. Raise the profile of empty homes with crime agencies to promote better partnership working
6. Acknowledge empty homes work in a national indicator
7. Continue to provide good opportunities for networking.
8. Allow Local Authorities to keep increased revenue from 100% Council Tax on empty properties indefinitely, to help fund empty homes initiatives, such as loans and advisors.
9. Local Authorities are encouraged and given the resources to build Empty Homes teams
Keywords: Partnership working, Skills
Lorna Frost, Environmental Helath Officer, Bradford Council - 26 Aug 10, 4:39pm
135.
I agree with Nigel Ward that grants have a limited appeal.
Enforcement is the key to the problem. Otherwise you can have an empty threat strategy and owners will call your bluff.
However, taking on board other poeples comments, finance is the problem here.
Local authories are loathe to spend, and you do need oney to do a CPO. Yes you can recover a lot of it when you purchase and sell the property, but start up legal costs ect are needed.
Could there be a central "pot" that we could borrow from to do this, and then pay back once the property has been sold?
Paul Palmer, Empty Property Consultant, Empty Homes - 26 Aug 10, 1:23pm
134.
How do we maximise the use of empty homes?
In Portsmouth we have recently rewritten our empty property policy which was approved by cabinet in February 2010.
Prior to this we have always had a very active approach to bring empty properties back into use. However, the emphasis used to be on co-ordination and offering help financially through an RSL.
My role as an Empty Property Officer is now a one stop shop where I work with the owners by offering incentives such as grants etc. However, if the owner refuses to work with me I will then consider enforcement powers available. I also deal with all the issues surrounding empty properties such as Public health issues, anti social behaviour and ensuring that the property is secure.
Since starting the job in September 2009 I have brought back into use 86 properties either by intervention or investigation. I have not had to use enforcement powers such as EDMO or CPO as yet. However, I think that because I am all set ready to use them, with the tools in my pocket so to speak, the threat of them has been enough so far.
Operating on a three strikes and you are out policy (where they receive three letters from me and then I start to use legislation) means that I am not forever just sending letters. There is a goal in mind and I also know my next step at all times. This is helpful when owners are trying to stall you for time or just put you off completely.
At Portsmouth we offer landlord grants. These are helpful because the landlord can be offered something to help them bring the property back into use. The proviso being that once a grant has been placed on the property they have to rent it out for 5 years. Who they rent it to is up to them. If they change the title to someone else, or stop renting it out, then they pay the money back in a sliding scale.
The grant increases if the owner agrees to rent the property out for social housing and I work with Portsmouth Housing Association as well as Portsmouth City Councils access schemes to help give different packages to the owner so that they can chose who they want to go with. From experience owners of empty properties are wary of what I am offering because they think that there is a catch to these deals. Therefore, offering different options helps them realise that I have no hidden agenda apart from bringing the property into reoccupation.
We have full cabinet approval for the work that we do and I work in the housing standards and renewals section of Portsmouth City Council which helps both my carrot and stick approach to bringing empty properties back into use.
This model of one stop shop approach seems to be working and its great because I am in control of how cases are progressing because I am not relying on anyone else to serve notices for me.
Lauren Bellamy, Empty Property Officer, Portsmouth City Council - 26 Aug 10, 12:46pm
133.
Associations could contribute far more to bringing empty homes back into use if:
1. The HCA turned the TSHG tap back on regionally.
2. We were given freedom to use our RCGF and DPF more flexibly.
3. Treasury/CLG "scored" them as new units and allowed grant to be paid at an economic rate where housing is brought back into permaent use.
4. Local authorities (particularly outside the big cities) shared staff/expertise and encouraged cross boundary working.
5.The Government removed restrictions on rent setting to allow for green retrofits.
Tony Stacey
Keywords: Partnership working, Solution
Tony Stacey, Chief Executive, South Yorkshire H. A. - 26 Aug 10, 12:39pm
132.
Just to pick up on Nick's point about sustained contact and cajoling of owners - we have a property that we believe has been empty for nearly 20 years. Complaints increased but the owner steadfastly refused to do anything. We made this property a priority last year and negotiated, cajoled, threatened enforcement and did anything else we could to get the property back into use. CPO was actively persued and at the last moment, the owner decided to act. The property is now in the middle of refurbishment and we will continue to monitor it very closely until completion.
The notes that we have on this case are vast, a lot of officer time and dedication has been put in to it, but we will get the result that we want. Persistence is the key here - new initiatives are welcome, in Derby we are actively working with the Local Lettings Agency (LLA) set up up by the Decent & SAFE Homes (DASH) project and have had early successes, and we hope to have many more in the future, BUT while the LLA will be the solution in some cases, I can name many properties where the only way to bring them back into use is negotiation, persistence, the threat of enforcement or enforcement itself.
The danger is that as empty homes work is not a statutory duty, local authorities may decide to reduce their current empty homes resources, or even remove them altogether, maybe under the false impression that new initiatives will take up the slack. The easiest way to ensure this does not happen is to make our work a statutory function and reward the local authority for bringing empties back into use, in the same way as they are rewarded for building new homes.
Tony Briggs, Empty Homes Manager, Derby City Council - 26 Aug 10, 9:38am
131.
Point 1. If I can't maintain SUSTAINED CONTACT with an owner, results tail off.
Sustained contact may include enabling and enforcement action itself. But it must also comprise regular cajoling and nudging of owners. I sometimes feel like a nagging parent, but it works.
The empty home stays empty because the owner may have other priorities. We apply a tourniquet to make the owner realise that their empty home is THEIR No. 1 priority. If they can’t or won’t make it a priority, we tighten the tourniquet with the enforcement measures of last resort, then amputate if absolutely necessary.
Whenever I cannot fit in fit in sustained contact, cases slow down. I have just re-doubled efforts on hard-core cases and some of them got moving again. But can causality be proved?
Sustained contact is labour-intensive. Many people perceive labour-intensive to be costly and/or ineffective. Local customer feedback forms have shown that those most seriously affected by an empty home value this labour-intensive niche service area.
Point 2. I have a learning gap. I need to better my understanding of financing options and methods for empty homes. I will seek assistance in-house, but if there are cost-effective training opportunities about, I’m keen to learn from market experts and plug this skills gap. Any ideas?
Keywords: Skills
Nick P-G, Empty Homes Officer, Reading BC - 25 Aug 10, 2:21pm
130. As developers benefit from tax payers subsidy, it is a pity private rents are not regulated, thereby avoiding the need for the coalition to reduce "unaffordable" Housing benefits, affecting people a lot less well off than landlords and developers.
Keywords: Partnership working, Solution
peter jackson, na, na - 25 Aug 10, 1:22pm
129.
It has been mentioned that some of the empty property legislation is cumbersome and little used. In relation to Empty Dwelling Management Orders, we have used both Interim and Final EDMOs and I do think they could be altered to allow Councils to serve interims without recourse to a Residential Property Tribunal, that the 6 months qualifying period could be extended to 18 months or 2 years and that approval from the RPT should only be required in order to obtain a Final Order. This would save a lot of uneccessary work and time and I believe would result in far more enforcement action and more difficult empties being brought back into use.
Like others, we have used interest free loans to assist owners and where a schedule and tenders are obtained for the owner this is often successful. We do insist on nomination rights for 5 years, but this does not appear to deter owners.
In a previous comment Nigel Ward mentions the lack of CPO action and I agree that there appears to be minimal activity. CPO action can be expensive for Authorities and support from members can also be an issue.
Others have mentioned the need for dedicated staff and |I would endorse this. Empty property work needs research,time, persistance and persuasion and where empty property work is only a small part of a post it is very difficult to achieve a great deal. Many empty properties do not result in many or any complaints and they are therefore one of the easiest jobs to 'forget'.
We have found working with RSL's to be beneficial, especially where they can put in funding and take all the worry of managing the property from the owner. We have however often had to do a huge amount of work with the owner to get to this stage.
Keywords: Partnership working, Solution
Steve Habgood, Group Manager Housing Improvement, Lojndond Borough of Bromley Council - 24 Aug 10, 7:30pm
To join this debate please add your comment below