Report of the Corporate Director Housing and Environment to The Portfolio Holder for Tenancy Services and Housing Needs For a DELEGATED DECISION On 15 September 2014 Disposal of three un-occupied council houses 1. SUMMARY 1.1 This report seeks approval to declare surplus to requirements three properties held within the Housing Revenue Account portfolio and for the properties to be disposed of by Property Services. 1.2 This is not a key decision as it does not have a significant impact upon more than two wards and will not generate capital receipts in excess of £250,000. 2. RECOMMENDATIONS To be resolved by The Head of Portfolio Holder for Tenancy Services and Housing Needs (i) That the disposal of the three properties at 24 Moor Street, 132 Leeming Lane South and 48 Wood Lane (Church Warsop) be approved. (ii) That Property Services be instructed to dispose of the properties and that the method of disposal be determined by the Council’s Corporate Asset Manager. 3. BACKGROUND 3.1 The Council’s Asset Management Plan contains a section on Asset Disposal Policy and sets out how land and property is identified as being surplus to requirements. 3.2 As part of the day to day management of Council owned housing three properties have been empty for several years due to the extent of work needed to bring them back to a lettable standard. The work required on all three properties includes underpinning and other structural work. 3.3 The property types and void dates are shown below: 24 Moor Street – 2 bed end terrace – void 10/07/05 132 Leeming Lane South – 3 bed semi-detached – void 21/12/08 48 Wood Lane – 3 bed end terrace – void 09/02/03 All three properties are in areas that have a large proportion of owner occupied properties. 3.3 If the properties were to be retained by the Council the improvement work is estimated to cost in in excess of £30,000 per property for the Wood Lane and Leeming Lane South properties and could be in excess of £50,000 for the Moor Street property. This would not be an economical investment for the Council, as it will take approximately 10 years to recover this through rental income (not taking account of the ongoing repair and maintenance costs associated with retaining properties). 3.4 The Council is committed to delivering a programme of building new homes for Council tenants across the district and in September 2012 signed up to the Governments Right to Buy (RTB) replacement programme which enabled the Council to retain the receipts from RTB sales for re-investment in the construction of more affordable homes. Whilst the sale of these three individual is not expected to raise a significant capital receipt, it would complement the proceeds from RTB sales and thereby contribute towards helping fund the Council’s new build programme. 4. OPTIONS AVAILABLE There are 2 options available: - 4.1 Option 1 (recommended) – Properties disposed by Tender/Private Treaty or Auction. Disposal of the properties will absolve itself of the financial liability required to repair and modernise them, which could cost in excess of £100,000 for all three. Also, by authorising the Corporate Asset Manager to determine the method of disposal, the maximum capital receipt will be achieved, which can then be used to finance the house building programme. 4.2 Option 2 – Retain the properties This option is not recommended, as it will leave result in the Council needing to invest in these properties, the cost of which will take in almost 10 years in rental income to recover (not taking into account the ongoing management and maintenance of the properties). 5. RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS Risk Risk Assessment Risk Level Risk Management Financial The sales may not proceed in a timely manner or achieve sale price. Low / Medium Property Services will carry out pre sale investigations prior to disposal including obtaining necessary consents were applicable. Each site will be actively marketed to ensure best consideration is achieved in a timely manner and realistic reserve prices will be listed on each site. Reputational Sale of Council housing could be viewed in a negative light by the public given the current demand for local authority housing. Low / Medium This risk can be mitigated by ensuring that information is made available to the public about funding new build properties, from sale proceeds. Option 1 Do Nothing Option 1 (Preferred Option) Dispose of the properties Option 2 Retain the Properties Financial By retaining the High properties, the Council will need to invest heavily to bring them back up to a lettable standard (£100,000+) It is not possible to mitigate against this risk, as there will be a need to repair and modernise the properties to be able to let them again. Reputation Having long term empty properties does not reflect well on the Council. Mitigation would require a capital investment in the properties in order to let them. Medium/ High 6. ALIGNMENT TO COUNCIL PRIORITIES 6.1 In accordance with the Asset Management Plan, the council has to ensure its land and property assets are used effectively for the delivery of services either directly in the case of operational properties or indirectly with non-operational properties (e.g. investment properties). In the case of the above three properties, the sale will help to financial assist in the cost of new build properties. 6.2 Ensuring there is an adequate supply of good quality, well managed housing which is accessible and affordable to those who need it is one of the Council’s corporate priorities and links directly with the contents of this report. 7. IMPLICATIONS 7.1 Relevant Legislation a) The General Housing Consents 2013 allows the Council to dispose of land for a consideration equal to its market value. The Consent also allows the Council to dispose of an unoccupied dwelling house to a person who intends to use it as their only or principal home so long as the price is not less than the amount equal to the purchase price as defined in the Housing Act 1985 s(126) (Right to Buy purchase price) to which the minimum discount, as provided by s129 has been applied. The Council also has a duty under Section 123 of the Local Government Act 1972 to obtain best consideration in the disposals of its assets. b) Human Rights It is not considered individual rights will be infringed. c) Equality and Diversity There are no equality and diversity issues d) Climate change and environmental sustainability It is not considered that the decision will have an effect on climate change. e) Crime and Disorder It is not considered the decision will have any effect on crime and disorder. f) Budget/Resource Any costs associated with the disposal of the properties will be offset against the capital receipt from the sale; therefore no additional revenue resources will be incurred. Under the HRA pooling system local authorities are able to retain all of their non-Right To Buy receipts provided they are used for affordable housing, regeneration schemes or the repayment of housing debt. 8. COMMENT OF STATUTORY OFFICERS Head of Paid Service – No specific omments Section 151 Officer – Budgetary implications as outlined within the report Monitoring Officer – No specific comments 9. CONSULTATION 9.1 None 10. BACKGROUND PAPERS None Report Author Designation Telephone E-mail - Paul Barker Landlord Services Manager 01623 463269 pbarker@mansfield.gov.uk