STROUD DC ESTATE MANAGEMENT POLICY 1 Version 1- 220910 PART 1 POLICY BACKGROUND & COVERAGE Introduction 1.1 The Council aims to manage its estates efficiently and effectively to ensure that our estates provide a high quality living environment for tenant and residents. 1.2 This policy details the arrangements for the management of estates in the ownership of the Council. 1.3 All policies have been developed jointly by councillors, tenants and members of staff. Key Principles of the Estate Management Policy 2.1 The key principles of the Estate Management Policy are to: Maintain, in conjunction with residents, clean, tidy and well cared for communal areas on our estates. These include both hard scaped and landscaped areas, as well as the internal communal areas of our properties themselves. Carry out regular visits and site inspections of all of our estates and communal areas on a regular basis, to highlight and subsequently address any area falling below our acceptable standards. Work in partnership with Tenant and Resident Groups, and other Agencies to make stronger, safer and sustainable communities. 2.2 The Strategic Head of Tenant Services will be responsible for the overall implementation of Estate Management Policy. 2.3 The Council fulfils its estate management responsibilities through a combination of the following policies: Abandoned Vehicles Abandoned Possessions The Letting and Management of Allotment Sites Cleaning of Communal Areas (Flats) Emergency Access to Tenants Homes Encroachment on Housing Land Environmental Improvements Estate Inspections The Letting and Management of Garages Grounds Maintenance Pest Control Pets Property Inspections and the Deterioration of Premises Removal of Litter Unauthorised Occupation 2 Version 1- 220910 Relevant legislation and regulatory compliance 3.1 The Council will ensure that it manages its estates in accordance with best practice and relevant policy and legislation, including the following: Allotments Act 1950 Animal Welfare Act 1976 Clean Neighbourhoods and Environment Act 2005 Dangerous Dogs Act 1991 Environmental Protection Act 1990 Housing Act 1985 Land Registration Act 1925 Land Registration Act 2002 Limitation Act 1980 Local Government (Miscellaneous Provisions) Act 1982 Refuse Disposal Act 1978 Road traffic Regulations 1984 Removal and Disposal of Vehicles Regulations 1986 3 Version 1- 220910 PART 2 ABANDONED VEHICLES Introduction 1.1 The Council will comply with legislation and good practice in relation to the removal of abandoned vehicles. Reporting of Abandoned Vehicles 2.1 Where is has come to our attention that a vehicle has been abandoned on communal land on our estates or on a highway on one of our estates, we will work with colleagues in the Council’s Community Safety Unit to: establish whether the vehicle is abandoned establish the identity of the vehicles owner remove the vehicle as quickly as possible Definition of Abandoned Vehicle 3.1 The Community Safety Officer will visit the vehicle within 48 hours and take photographs of the vehicle. 3.2 The Community Safety Officer will have regard to the following, when reaching a decision about whether a vehicle has been abandoned: (a) The vehicle is untaxed, and (b) There is no current vehicle keeper registered with the Driver and Vehicle Licensing Agency (DVLA) (c) The vehicle has been stationary for a significant amount of time (d) The vehicle is significantly damaged, run down or unroadworthy (e) The vehicle is burned out (f) The vehicle lacks one or more of its number plates (g) The vehicle contains waste 3.3 Where the investigations have resulted in the Community Safety Officer reaching the conclusion that the vehicle is abandoned, the Officer will report that the vehicle has been confirmed to be abandoned to Gloucestershire Police to establish whether the vehicle has been involved in any criminal activity. Once the Police have cleared the vehicle for collection, or have notified that they have no interest in the vehicle, the Community Safety Officer will arrange for its removal. 3.4 Vehicles will be removed according to the following timescales: 3 hours (burnt out or dangerous vehicles) 48 hours (intact) 4 days for take back vehicles (vehicles where the owner has agreed to surrender the vehicle) Risk Implications 4.1 The failure to tackle abandoned vehicles on communal land (including roads) on housing estates could potentially lead to the deterioration in the quality of the 4 Version 1- 220910 environment of the estate, creating difficulties letting properties, increasing levels of complaints from residents and damage to the Council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 5.2 The Council will need to ensure that the procedures for removing abandoned vehicles from communal land on housing estates are implemented in such a way as to ensure their rapid removal, whilst ensuring efficiency and cost effectiveness. 5 Version 1- 220910 PART 3 ABANDONED POSSESSIONS Introduction 1.1 The Council will act in accordance of legislation and best practice in relation to the handling and disposal of possessions remaining in a property at the end of the tenancy. Management and Disposal of Abandoned Goods 2.1 If a tenant leaves goods in the premises after moving out, either through abandonment, eviction or at the end of the tenancy, we will make every effort to trace the tenant(s) in the case of abandonment or eviction, or liaise with the tenant's family, or the executor of the estate in the case of death, to arrange for the collection of goods following the death of the tenant who was the sole occupant of a dwelling. 2.2 If goods remain in the home two working days after the tenant has moved out, we will inspect the property and make a detailed list of the goods left in the home and the condition of those goods. They will take photographs of the goods, particularly if they are of high value. 2.3 Where the address of the former tenant is known, they will be contacted and advised of the goods that remain in the property. (a) If the goods remaining in the property are perishable and/or of low value, we will advise the former tenant that they have a period of 7 days to clear the goods from the property. Following a period of 7 days if no arrangements have been made by the former tenant to recover the goods from the property we will arrange for their removal and disposal. (b) If the goods in the property are of a substantial value, we will advise the former tenant that that they have a period of 7 days to clear the goods from the property. Following a period of 7 days if no arrangements have been made by the former tenant to recover the goods from the property we will arrange for their removal and storage for a period of 28 days. Where the former tenant approaches the Council to recover possession of them of their property, they will be charged for the costs of making inquiries into their whereabouts and the cost of removal and storage. Where former tenant’s possessions have been in our possession for more than 28 days, we will arrange their sale by auction and credit the former tenants rent account with the proceeds of the sale, less the Council’s costs in establishing their whereabouts, removal, storage and sale by auction. (c) If the former tenant does not wish to collect their possessions from their former home, we will ask them to provide consent to their removal and disposal. 2.4 Where the whereabouts of the former tenant, following detailed inquiries, cannot be established we will take the following action. (a) If the goods remaining in the property are perishable and/or of low value, we will arrange for their immediate disposal. (b) If the goods in the property are of a substantial value, we will place the goods in storage and give written notice to the tenant that the goods have been placed in storage. This notice will be sent to the tenant’s last known forwarding address or to 6 Version 1- 220910 another person/relative nominated by the tenant. If a forwarding or contact address is not known the notice will be secured to the front door (or other prominent place on the outside of the property). We will store the goods for a period of six months and following this time, if they remain unclaimed we will arrange their sale by auction and credit the former tenants rent account with the proceeds of the sale, less the Council’s costs in establishing their whereabouts, removal, storage and sale by auction. Risk Implications 3.1 The failure to deal with abandoned possessions in compliance with legislation could potentially lead to a claim against the council for damages, leading to damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures for dealing with abandoned possessions are implemented in such a way as to minimise the potential for claims against the council and to recover the council’s costs in removing and storing abandoned possessions. 7 Version 1- 220910 PART 4 THE LETTING AND MANAGEMENT OF ALLOTMENT SITES Introduction 1.1 The Council will let and manage allotments on housing land in accordance with the Allotments Act 1950. Letting of Allotment Sites 2.1 The Council will maintain a waiting list of applicants for plots on each allotment site located on land on housing estates. 2.2 We will let plots on allotment sites on the following basis: first preference will be given to existing council tenants; where there is more than one council tenant on the waiting list, we will offer the vacant plot to the tenant whose application has been registered for the longest period; where no existing council tenant is on the waiting list for the vacant plot we will let it to the applicant whose application has been registered the longest; where there are no applicants for the vacant plot, the vacancy will be advertised with first preference being given to existing tenants and then to those who live close to the allotment site. Management of Allotment Sites 3.1 Allotment holders will be required to sign our standard allotment agreement. 3.2 We will charge allotment holders a maximum of £10.00 per year. The rent will be payable yearly in advance. 3.3 We will incorporate allotment sites into our programme of estate inspections. Where it comes to our attention that the tenant has breached their allotment agreement, we will contact them and request that they remedy the breach. 3.4 Where it comes to our attention that the allotment holder has continued to breach their allotment agreement, we will take further action which could include recovering possession of the plot. Risk Implications 4.1 The failure to let and manage allotment sites on housing land could potentially lead to a deterioration in the quality of the environment of housing estates. Failure to comply with the council’s responsibilities, as set out in the allotment agreement and the Allotment Act 1960 could lead to action against the council and damage to the Council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 8 Version 1- 220910 5.2 The Council will need to ensure that the procedures for letting and managing allotment sites provide an efficient and cost effective service. 9 Version 1- 220910 PART 5 CLEANING OF COMMUNAL AREAS (FLATS) Introduction 1.1 The Council will ensure that communal areas within blocks of flats are regularly cleaned. Cleaning of Communal Areas in Flats (General Needs) 2.1 Tenants/leaseholders of general needs flats are responsible for sharing the cleaning duties of communal hallways, landings and staircases in accordance with the Conditions of Tenancy. 2.2 We will arrange for the service to be provided, at a cost shared equally between the tenants/leaseholders in the block where either: (a) a majority of tenants/leaseholders in the block have voted in favour of the Council providing the service. In such circumstances tenants/leaseholders will be balloted by letter and provided with the additional charge for cleaning the block. The service is then only to be implemented where over 50% of tenants/leaseholders in a block are in favour; or, (b) the accepted standard of cleanliness is not being maintained in the block. In such circumstances we will consult with all tenants/leaseholders on the proposed introduction of the cleaning service, including the date that the service will commence and the additional charge to their rent/service charge. 2.3 We will provide details of the cleaning specification to all tenants/leaseholders who pay for the cleaning of communal areas and will investigate, respond to and address all complaints by tenants/leaseholders about the quality of the cleaning service provided. 2.4 We will inspect communal areas in all blocks of flats on a monthly basis to monitor the quality of the cleaning service provided. Cleaning of Communal Areas in Flats (Sheltered Housing) 3.1 We will provide a cleaning service to all communal areas within sheltered housing schemes. The cost of providing the service will be pooled across all sheltered housing schemes and recovered via an individual unit charge. 3.2 We will provide details of the cleaning specification to all sheltered housing tenants and will investigate, respond to and address all complaints by sheltered housing tenants about the quality of the cleaning service provided. 3.3 We will inspect communal areas in all sheltered housing schemes on a monthly basis to monitor the quality of the cleaning service provided. Risk Implications 10 Version 1- 220910 4.1 The failure ensure that communal areas in flats are cleaned to a high standard could potentially lead to a deterioration in the quality of the accommodation and difficulty letting property, leading to a loss of rental income. The failure to ensure that communal areas of flats are cleaned to a high standard, where tenants and leaseholders pay a charge for the cleaning service could potentially lead to action in relation to breach of contract, damaging the Council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 5.2 The Council will need to ensure that the specification and procedures for the cleaning of communal areas in flats ensure a high quality of environment and an efficient and cost effective service for tenants and leaseholders. 11 Version 1- 220910 PART 6 EMERGENCY ACCESS TO TENANTS HOMES Introduction 1.1 The Council will secure access to the homes of tenants, without their consent, where failure to do so is causing, or is likely to cause a threat to the health and safety of other tenants and residents, and/or significant damage to property. Emergency Access to Tenanted Property 2.1 The Council will always arrange access to a property, to undertake a repair, with the tenant at the time the repair is requested. 2.2 However, in certain circumstances when an emergency repair request is made, it may be necessary to access the home of another tenant to undertake the repair, for example a burst water main in a flat which is leading to damage in a flat below. In such circumstances we will contact the tenant to arrange access to carry out the repair. 2.3 In the event that we are unable to contact the tenant of the property, where the repair is required, and the failure to undertake the repair is causing or is likely to create a threat the health and safety of other tenants and residents, and/or significant damage to property we will secure access to the property to undertake the repair. 2.4 The Police will, where possible, be in attendance when emergency access is gained. Where the Police are not able to attend, the contractor will only secure access to the property in the presence of a Council Officer. Where we have gained emergency access into a tenanted property, we will make good any damage to the property at no cost to the tenant. 2.5 Where Officers have secured emergency unauthorised access to a tenanted property, they will notify the tenant in writing of the fact, the steps taken to contact them, the reasons why access was needed urgently and the repairs completed in the property. 2.6 The property will be secured following the emergency access and the tenant will be advised of how they can regain access. Risk Implications 3.1 The failure to secure emergency access to tenanted property to undertake emergency repairs could potentially lead to significant damage to property and a threat to the health and safety of other residents, leading to damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 12 Version 1- 220910 4.2 The Council will need to ensure that the procedures for securing emergency access to the homes of tenant’s who can’t be contacted, are implemented in such a way as to minimise the potential for claims of trespass, and trespass to goods. 13 Version 1- 220910 PART 7 ENCROACHMENT ON HOUSING LAND Introduction 1.1 The Council will act promptly to address encroachment on communal land in our ownership. Addressing Encroachment on Communal Land on Housing Estates 2.1 Where an individual occupier, either tenant or private owner is alleged to have encroached upon communal land in the ownership of the Council on one of our estates, we will investigate the matter and clarify the exact position of the boundary. 2.2 We will advise the individual of the exact location of the boundary and advise them to desist from their act of encroachment, to reinstate the legal boundary and reinstate the Council’s land to its previous condition. 2.3 Where the perpetrator fails to act to either leave the land and/or re-instate the boundary and/or re-instate the land to its previous condition, we will commence legal proceedings to remedy matters. Risk Implications 3.1 The failure to address encroachment on communal land on housing estates will potentially lead to adverse possession claims on parcels of land in the council’s ownership, prohibiting development of the land and reducing any potential capital receipt from the sale of the land. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures to address encroachment of communal land on housing estates do so in the most efficient and cost effective manner possible. 14 Version 1- 220910 PART 8 ENVIRONMENTAL IMPROVEMENTS Introduction 1.1 The Council will work with Tenants and Residents to identify environmental improvements to communal land on our estates. Identifying and Addressing Environmental Problems on Communal Land on Housing Estates 2.1 We will undertake a regular programme of estate inspections, which will include all communal land on our estates. 2.2 Where tenants and residents have identified a problem(s), we will work with them, and where appropriate other partners, to identify a solution(s) to the problem. 2.3 We will allocate a sum each year within our capital programme to address environmental problems on our estates. 2.4 Where we plan to undertake environmental improvement works we will advise all tenants and residents in the immediate area of the work we plan to undertake, and seek their comments on the proposal before commencing any works. Risk Implications 3.1 The failure to undertake planned programmes of environmental works will potentially lead to the quality of the environment of the estates deteriorating, leading to tenants and residents commencing action against the Council and damage to the Council’s reputation. Failure to consult with tenants on planned programmes of environmental works is contrary to the rights of secure tenants to be consulted on matters of housing management. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively and that it makes adequate provision in capital budgets for works of environmental improvement on communal land on housing estates. 4.2 The Council will need to ensure that the procedures in place to plan and undertake works of environmental improvements help maintain a high quality living environment in the most efficient and cost effective manner possible. 15 Version 1- 220910 PART 9 ESTATE INSPECTIONS Introduction 1.1 The Council will undertake a regular programme of inspection of our housing estates, to monitor the quality of the environment. Estate Inspections 2.1 We will undertake a programme of regular estate inspections. We will use estate inspections to monitor the condition of the estate and identify the following: 2.2 outstanding repairs to communal areas poorly maintained gardens and boundaries abandoned vehicles on communal land unauthorised parking problems with the performance of the grounds maintenance contractor vandalism and graffiti work required to trees on tenant services owned communal land the condition of garage areas, allotments and play areas the condition of lighting on estates the existence of pest infestations on communal land the cleanliness and condition of bin stores and refuse collection points The regularity of the inspection will depend on the type of estate. (See 3.1). Categorisation of Estates 3.1 We will categorise all of our estates into one of three groups, either Priority 1, 2 or Priority 3 estates. We will publish details of the designation given to all our estates. 3.2 Priority 1 estates typically comprise a number of properties, the majority of which are still owned by the Council, and involve regular input and management from Estates Officers. Priority 1 estates will be inspected on a monthly basis. 3.3 Priority 2 estates are typically smaller, consisting of a limited number of properties requiring less intensive input from the Estates Officers. Priority 2 estates will be inspected every three months. Priority 3 estates are more rural with lower need of regular inspeactions often being managed by tenants and residents within the area. These areas will be inspected every 6 months 3.4 3.5 All areas are subject to annual review to ensure the regime is still fit for purpose and may be redesignated according to the condition and need. Advising Local Residents of Estate Inspections and the Production of Action Plans 4.1 We will advise local residents of the date and time of estate inspections, to enable residents to participate and identify issues of concern to them. 16 Version 1- 220910 4.2 We will produce an action plan following each estate inspection, which will be placed on an appropriate section of our website. The action plan will show the tasks resulting from the inspection and the responsibility for completing them. Risk Implications 5.1 The failure to undertake regular inspections of housing estates and take action to address issues identified during inspections will potentially lead to the quality of the environment of the estates deteriorating, tenants and residents commencing action against the Council and damage to the Council’s reputation. Financial Implications 6.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 6.2 The Council will need to ensure that the procedures and the actions it takes following estate inspections, help maintain a high quality living environment in the most efficient and cost effective manner possible. 17 Version 1- 220910 PART 10 GARAGES Introduction 1.1 The Council will let and manage garages on housing land in such a manner as to maximise income whilst ensuring an efficient and effective service for garage tenants. Letting of Garages 2.1 The Council will accept applications from all residents of Stroud District for the tenancy of garages located on land on housing estates. All applicants must complete our application. 2.2 We will advertise vacant garages on-line, setting out the location of the garage, its weekly rent and a deadline time and date for the receipt of bids for the garage. 2.3 Registered applicants must apply for the tenancy of a vacant garage on line. 2.4 We will determine who will be offered the tenancy of the vacant garage on the following basis: first preference will be given to existing council tenants who are not existing garage tenants; where there is more than one council tenant, who are not garage tenants, who have bid for the vacant garage, we will offer the tenancy of the vacant garage to the tenant who lives on an estate closest to the vacant garage; where there is more than one council tenant, who are not garage tenants, who have bid for the vacant garage, who both live either on the same estate or on estates equal distance from the vacant garage, we will offer the tenancy of the vacant garage to the tenant whose application has been registered for the longest period; where no existing council tenant is on the waiting list for the vacant plot we will let it to the applicant, who is not an existing garage tenant, whose application has been registered the longest; 2.5 Management of Allotment Sites 3.1 All applicants offered the tenancy of a vacant garage site will be required to sign our garage tenancy agreement. 3.2 We will charge garage tenants a rent, payable weekly in advance. The rent will be increased on an annual basis in line with the increase in council house rents. 3.3 We will incorporate garage sites into our programme of estate inspections. Where it comes to our attention that the tenant has breached their tenancy agreement, we will contact them and request that they remedy the breach. 18 Version 1- 220910 3.4 Where it comes to our attention that the tenant has continued to breach their tenancy agreement, we will take further action which could include recovering possession of the garage. Risk Implications 4.1 The failure to let and manage garages on housing land could potentially lead to a deterioration in the quality of the environment of housing estates and reduced levels of rental income. Failure to comply with the council’s responsibilities, as set out in the garage tenancy agreement could lead to action against the council and damage to the Council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 5.2 The Council will need to ensure that the procedures for letting and managing allotment sites provide an efficient and cost effective service. 19 Version 1- 220910 PART 11 GROUNDS MAINTENANCE Introduction 1.1 The Council will ensure that work is undertaken on a routine basis to ensure that communal grounds on housing estates are maintained to a high standard. Management of the Maintenance of Grounds 2.1 The Council will let a contract for the maintenance of grounds on housing estates from time to time, to ensure that it achieves best value. 2.2 We will publish details of the schedule of grounds maintenance work to all communal land on housing estates, including the description of the work planned for each parcel of land and the frequency that the work should be completed. The details of the grounds maintenance work will be published on our website. 2.3 We will respond to complaints about the grounds maintenance service from tenants and residents within 5 working days and pass the complaint onto the contractor. Risk Implications 3.1 The failure to maintain communal land on housing estates to satisfactory standard will potentially lead to damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures it operates ensure that communal grounds on housing estates are maintained to the highest possible standard in the most efficient and cost effective manner possible. 20 Version 1- 220910 PART 12 PEST CONTROL Introduction 1.1 The Council will take action to address pest infestations on communal land and will work with tenants to address pest infestations in individual properties. Pest Infestations on Communal Land 2.1 We will take action to address infestations of the following on communal land on housing estates: rats mice cockroaches ants fleas wasp nests bees nests silver fish carpet beetles wood lice cluster flies moths Pest Infestations in Individual Properties 3.1 We will advise tenants that they are responsible for addressing pest infestations in the property (home and garden) they rent from us. We will advise tenants where they can go for help in tackling the infestation and the likely costs of work. 3.2 Where the behaviour of the tenant or their household is identified as a probable cause of the pest infestation we will contact the tenant and advise them of this view and request that they take appropriate action to eradicate the infestation and prevent further occurrences. 3.3 Where the tenant has failed to act in a reasonable time we will take further action to remedy the situation. Risk Implications 4.1 The failure to address pest infestations on communal land on housing estates will potentially lead action against the council, a fine and damage to the Council’s reputation. Failure to address pest infestations in individual properties could lead to nuisance to neighbours and damage to the council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 21 Version 1- 220910 5.2 The Council will need to ensure that the procedures it operates ensure that instances of pest infestation on communal land on housing estates and within the cartilage of the homes of tenants are addressed in the most efficient and cost effective manner possible and in such a way as to minimise nuisance to tenants. 22 Version 1- 220910 PART 13 PETS Introduction 1.1 The Council accepts that keeping pets offers significant benefits to their owners and therefore encourages it. This policy is intended to outline the conditions under which tenants may keep animals in our accommodation and is based upon best practice. Consent for Keeping Pets and their Management in our Homes 2.1 Tenants must apply to us for consent to keep pets in their homes. We will base our consent for keeping pets, including their number on guidance provided by the Parliamentary Pet Advisory Committee (Guidelines on Pet Management for Housing Providers 2nd Edition). 2.2 Any tenant who exceeds the number of pets permitted by their tenancy agreement may have enforcement action, including eviction, taken against them. 2.3 All pets must be permanently identified by microchip or tattoo and the identification details must be registered with us. To comply with current legislation dogs must also wear a collar and tag. Cats should be neutered. 2.4 Dogs listed in the Dangerous Dogs Act 1991 and any animal listed in the Schedule of the Dangerous Wild Animals Act 1976 may not be kept. The keeping of such animals will in all cases be viewed as a serious breach of tenancy and will result in action being taken. 2.5 Tenants are responsible for the health and welfare of their pets, their day to day management and care. 2.6 Tenants must not breed any animal kept in our property or offer any animal for sale from the property under any circumstances. 2.7 Tenants are responsible for the control of their pets and any pets visiting the property. 2.8 Tenants wishing to construct outside accommodation for their pet, other than a hutch and exercise pen for small mammals, must first seek written permission from us. An application for such permission must include plans of the proposed construction and detail the species to be kept. We will respond within 28 days of the tenant’s written request for consent. Where we refuse consent we will clearly state the reasons why we have done so. 2.9 No pet should be left in the property when the tenant is away unless clear arrangements have been made to provide adequate care. Tenants must sign up to a pet policy agreement from April 2014 if they reside in a sheltered unit or a communaly served block of flats 2.10 Risk Implications 23 Version 1- 220910 3.1 The failure to implement the pets’ policy will potentially lead to nuisance caused by pets owned by council tenants and damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures it operates ensure that the pet’s policy is implemented in the most efficient and cost effective manner possible. 24 Version 1- 220910 PART 13 PROPERTY INSPECTIONS AND THE DETERIORATION OF PREMISES Introduction 1.1 The Council will inspect the homes of tenants on a Bi Annual basis to ensure that they are complying with their conditions of tenancy. Where tenant’s actions result in the deterioration of the premises we will take action to tackle this problem. Property Inspections 2.1 We will visit the homes of new tenants within the first six weeks of their tenancy, to establish how well they are settling in and to answer any questions they may have about their home, their tenancy and their neighbourhood. 2.2 We will visit the home of every tenant once every two years. Where a concern has been raised in the meantime we will action as follows: following report or complaint from a neighbour; if information about poor standards is received from a contractor working on our behalf; if issues are identified by Housing staff during an estate inspection e.g. rubbish bags accumulating outside a property may indicate there are issues with the internal standard of the property; if issues are identified by Maintenance staff during the course of their work. If issues are identified by support providers or other relevant agency we will carry out a thorough inspection of the property to ensure that the tenant is complying with their conditions of tenancy. 2.3 We will provide the tenant with written notice of our intention to inspect the property. Where the tenant fails to provide us with access to their home, following the provision of notice to inspect the property, we will take action to secure access to undertake the inspection. Deterioration of Premises 3.1 Where it is found that the tenant is failing to comply with their conditions of tenancy, in particular failing to maintain the home in good condition, we will write to them advising them of the work they need to carry out and the timescale for its completion. 3.2 Where the tenant fails to comply with our requests for work to be completed in a reasonable timescale we will take further action. The action we take will be proportionate to the issues presented by the tenant but could include one or more of the following: follow up visits referral to other agencies e.g. Environmental Health, Social Services, Support providers action against the tenancy e.g. undertakings or injunctions, or possession proceedings. Risk Implications 4.1 The failure to inspect council homes on a regular basis will potentially lead to the some properties deteriorating at a significantly faster rate than would be the norm, 25 Version 1- 220910 potentially causing nuisance and annoyance to neighbours, harming the council’s reputation. Financial Implications 5.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 5.2 The Council will need to ensure that the procedures it operates ensure that properties are inspected and action taken in the most efficient and cost effective manner possible. 26 Version 1- 220910 PART 14 REMOVAL OF LITTER Introduction 1.1 The Council will act to remove litter from communal land on housing estates, to ensure that our estates provide a high quality living environment. Removal of Litter 2.1 Where we receive a complaint from a resident about an accumulation of litter on communal land on one of our estates we will comply with the provisions of the Code of Practice on Litter and Refuse which accompanies Part IV (section 89) of the Environmental Protection Act 1990 and remove the litter within one working day. ? is this correct 2.2 Where we are made aware of the name of the person who deposited the litter on our land we will take further action against the person. Risk Implications 3.1 The failure to address litter on communal land on housing estates will potentially lead to the service of a Litter Abatement Order, a fine and damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures it operates ensure that instances of littering on communal land on housing estates are addressed in the most efficient and cost effective manner possible. 27 Version 1- 220910 PART 15 UNAUTHORISED OCCUPATION OF COUNCIL HOUSING Introduction 1.1 Where the Council becomes aware that properties it owns and manages have been occupied by persons who do not have our authorisation to occupy the property, we will take firm and prompt action to remove the unauthorised occupiers from the property. Action to Remove Unauthorised Occupiers 2.1 We will put in place arrangements for our staff and service users to report unauthorised occupancy. 2.2 Where it is brought to our attention that accommodation is being occupied by persons who have not received the authorisation of the council, we will institute proceedings to recover possession. 2.3 Where the court grants us possession and the occupier has failed to vacate the dwelling, we will apply to the court for a warrant for the occupier’s eviction. Risk Implications 3.1 The failure to address unauthorised occupation will potentially create a loss of rental income and cause damage to the Council’s reputation. Financial Implications 4.1 The Council will need to be mindful of the need to ensure that its staffing establishment is sufficient to implement the Council’s policy effectively. 4.2 The Council will need to ensure that the procedures it operates ensure that instances of unauthorised occupation tenancies are addressed in the most efficient and cost effective manner possible. 28 Version 1- 220910 PART 9 EQUALITIES Introduction 1.1 The Council is committed to giving an equal service to all. Any action taken under this policy will comply with current equalities legislation. Procedures and Practices 2.1 The Council’s staff and contractors will operate in such a way to ensure that their procedures and practices are sensitive to the needs of individual residents and to ensure that they do not discriminate and act in accordance with the Equalities Act 2010 which includes the 7 strands below: 2.2 ethnicity age disability religion or belief gender sexual preference gender identity Enforcement of the Estate Management Policy will from time to time need to be tailored to meet the needs of individuals, for example the approach to addressing the condition of an individual property may vary from case to case because of the vulnerability of the tenant. All cases will be considered on an individual basis. Information 3.1 The Council will in all reasonable circumstances make information available in a variety of information formats, including: 3.2 braille large print audio tape/CD community languages Where specialist services are required to ensure that information is accessible to the tenant or member of their family, we will ensure that these are made available. 29 Version 1- 220910 PART 10 PERFORMANCE MONITORING Introduction 1.1 The Council will monitor its performance in delivering its Estate Management Policy to ensure that the service is delivered effectively. Performance Monitoring 2.1 To help achieve the Council’s aim of ensuring continuous improvement in the services it provides and to ensure that it meets all statutory obligations, the Council will put in place systems and processes which allow it to monitor and evaluate performance. 2.2 The Council will constantly monitor service standards and its achievement of targets in relation to the delivery of its Estate Management Policy. 2.3 The Council will continually review its services by measurement against the performance of other social housing providers, with the aim of achieving continuous improvement and to ensure compliance with best practice 2.4 The following information will be reported annually to the Tenancy Managemnt Service Development Group (SDG) and the Stroud Council Housing Forum (SCHF) 2.5 the % of tenants who are satisfied with estate management services the % of tenants in flats who are satisfied with the cleaning of communal areas the % of tenants who are satisfied with grounds maintenance work number of times the council has secured emergency access to tenanted property without the tenants consent number of times action has been taken to remove unauthorised occupiers We will ensure that appropriate performance information in relation to the performance of the Estate Management Policy is published on our website and in the tenant’s newsletter. 30 Version 1- 220910 PART 11 REVIEW OF ESTATE MANAGEMENT POLICY 1.1 This policy will be reviewed by the Council every three years unless there is a change in legislation or regulation. 1.2 Where there has been a change in legislation which has an impact on the policy, the policy will be reviewed within 3 months of the legislation or regulation coming into affect. 31 Version 1- 220910 PART 12 APPROVALS Date approved by the Housing Management Forum: xxth October 2010 Date approved by the Council: xxth November 2010 Date for review of the policy: November 2011 32 Version 1- 220910