HOUSING RENEWAL ASSISTANCE POLICY 2016 2020 - Stoke.gov.uk
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HOUSING RENEWAL ASSISTANCE
POLICY 2016 - 2020
Housing Renewal Assistance Policy 2016-2020 1Foreword
I am delighted to introduce Stoke-on-Trent City Council’s updated Housing Renewal
Assistance Policy.
This Policy is made in response to the Regulatory Reform (Housing Assistance)
(England and Wales) Order 2002 (the Order). The Regulatory Reform Order allows
local authorities greater freedom to offer assistance in the private sector and to
determine what will work best in their own local areas. To do this local authorities
must first publish a policy setting out the framework for assistance in their area.
The Stoke- on- Trent City Council Housing Renewal Assistance Policy sets out the
range of financial products and other types of assistance that the Council can make
available to improve living conditions in the city’s private sector. This includes a
range of assistance utilising both grants and loans and assistance to help disabled
residents in the city adapt their properties to meet their needs.
The amount of assistance to be given each year will be determined by the Council
and will be dependent upon the level of resources available.
The assistance available will help elderly, vulnerable and disadvantaged households
living in the private sector to repair and maintain their homes. Key priorities in the
policy are:
To increase the number of decent homes in the private sector focussing
particularly on improving the homes of vulnerable residents
To achieve value for money and the most effective use of public resources
through delivering appropriate forms of assistance in partnership with a range
of agencies.
Assistance delivered through this policy will also help us to achieve the aims and
objectives of the Council as set out in a number of its strategies and plans; helping to
deliver actions and make improved living a reality for residents. For example by
providing measures to help tackle fuel poverty.
In a period of increasing pressures on resources it is important to target assistance to
meet the needs of the most vulnerable residents in the city. This policy will provide a
robust framework for investment into private sector housing in Stoke-on-Trent.
Councillor Randolph Conteh
Stoke-on-Trent City Council’s cabinet member for Housing, Communities and Safer
City
Housing Renewal Assistance Policy 2016-2020 2Contents
1. Introduction
2. Legislative Framework and the Regulatory Reform Order
3. Strategic Context
4. Aims and Priorities of the Policy
5. Types of Assistance
6. Service Delivery, Performance Management and Policy Review
7. Administration of Assistance
8. Enquiries Outside of the Provisions of this Policy
9. Appeals and Complaints, Fraudulent Applications
10. Resources
11. Appendices
Appendix 1 – General Provisions for City Council Grants Awarded
Appendix 2 – Types of Assistance
Home Improvement Assistance
o Home Improvement Loans
Theme Based Assistance
o The Safe and Warm Home Grant (Energy Company Obligation
Scheme Funding Contributions)
o The Safe and Warm Home Grant (Homeowners)
o The Safe and Warm Home Grant (to Landlords for the benefit of
their eligible tenants)
o Empty Homes Repair Interest Free Loan and Grant
o Landlord Accreditation Empty Homes Grants
o Empty Homes Deferred Payment Assistance
Adaptations Assistance
o Disabled Facilities Grant
o Discretionary Disabled Relocation Grant
o Disabled Facilities Grants Top Up Loans
Appendix 3 – Definitions
Appendix 4 – Current Products
Housing Renewal Assistance Policy 2016-2020 31 INTRODUCTION Stoke-On-Trent City Council (the Council), for the purpose of improving living conditions in its area, hereby revises this Housing Renewal Assistance Policy (the Policy). This Policy is made pursuant to the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (the Order). The Policy sets out the range of financial and other assistance that the Council may make available to improve living conditions in the area. Any reference to assistance hereafter shall mean assistance that is provided for the purpose of improving living conditions in the Council’s area. This Policy provides the framework by which the Council will provide that assistance and applies in addition to the grants which can be made under alternative statutory powers such as the provision of mandatory Disabled Facilities Grants under the Housing Grants Construction and Regeneration Act 1996 (as amended). The Policy replaces the previous policy adopted by Stoke-On-Trent City Council in 2012. The Policy is applicable from October 2016. Fully completed valid applications made before October 2016 will be processed under the terms of the previous 2012 - 2015 edition of the Policy. The amount of assistance to be given each year will be determined by the Council and will be dependent upon the level of capital resources available through the city council’s Capital Programme and the Better Care Fund, both of which will be determined annually by the Council when it adopts the Capital Programme. Eligibility criteria and, where appropriate, maximum and minimum levels for each type of assistance will also be determined by the Council. This Policy will provide assistance which will encourage homeowners and landlords to invest in their own property and will target public funds at the most vulnerable individuals living in the worst housing conditions and within areas of market weakness. In addition, public funds will be utilised to meet the Council’s objectives notably increasing levels of decency, targeting empty homes and alleviating cold conditions. The Council will provide information, advice and publicity about the forms of assistance. The information will be clear, concise, easy to understand and readily accessible. Customers will have access to a Policy summary and procedures for providing assistance. Advice regarding the availability of assistance will be available at the Civic Centre, local offices, by telephone, by email, and on the Council’s internet site. 2 LEGISLATIVE FRAMEWORK AND THE REGULATORY REFORM ORDER The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 made the following significant changes: Housing Renewal Assistance Policy 2016-2020 4
For the purpose of improving living conditions in their areas, it introduced a
new general power enabling local housing authorities to provide assistance
(directly or indirectly) to any person for housing renewal, including repair,
improvement, adaptation, financial advice and other supportive initiatives,
demolition and rebuilding and acquisition of replacement accommodation in
any location.
It repealed detailed legislative provisions with respect to Renovation, Home
Repair Assistance and other such grants.
It streamlined the provisions governing the operation of renewal areas. It
made minor changes in relation to the provisions of mandatory Disabled
Facilities Grants.
It provided a new power to give assistance to persons directly, or indirectly,
through a third party such as an improvement agency or a specialist financial
intermediary. The definition of persons in this case could include owner
occupiers, landlords (including Registered Providers) or tenants in either the
private or social sectors.
The new general power to give assistance can only be implemented by the Council
after it has published a Policy setting out how it would provide that assistance and to
what conditions and qualifications the provision of that assistance is subject to. This
Policy document does the aforementioned and replaces all previous versions of the
Policy in order to reflect recent developments, emerging priorities and align with
forward looking related strategies.
The Policy does not provide a strategic overview of private sector housing, that
function will be fulfilled within the emerging Housing Strategy 2016 - 2021. The
Policy explains how the tools for providing assistance fit with the Council’s corporate
priorities, the Council’s strategic objectives and the Housing Strategy.
Since the publication of the 2012 Policy a number of changes have taken place in
terms of new legislation, changes in Policy direction and developing housing issues.
These changes need to be considered in the context of this Policy to bring it up to
date and in line with other corporate policies and strategies to which it is aligned.
The Care Act (2014) set out the framework for the future provision of adult social
care. In April 2015 the Department of Health published the Care and Support
Statutory Guidance and associated Regulations. Housing &/or accommodation is
mentioned in the majority of chapters & there is a specific housing section in Chapter
15: Integration, co-operation & partnerships. There is extensive reference to
information and advice, including integration with housing advice; adaptations and
home improvement agencies are also specifically mentioned.
At Chapter 15 the Care Act underlines the key role of housing in delivering care and
support. It makes the housing link to key principles which underpin the Act, notably:
‘Housing plays a critical role in enabling people to live independently and in helping
carers to support others......Suitability of living accommodation is one the matters
local authorities must take into account as part of their duty to promote ...wellbeing.'
(15.53)
Housing Renewal Assistance Policy 2016-2020 5‘Getting housing right and helping people to choose the right housing options
for them can help to prevent falls, prevent hospital admissions and
readmissions, reduce the need for care and support, improve wellbeing, and
help maintain independence at home.’(15.61)
‘Community equipment, along with telecare, aids and adaptations can support
re-ablement, promote independence contributing to preventing the need for
care and support.’ (15.62)
The policy sets out the mechanism for the provision of adaptations assistance
in the city in the form of a disabled facilities grant which supports people to
live in their own homes.
3 STRATEGIC CONTEXT
The Policy will determine the nature and extent of the assistance that will be
available (and to what conditions it is subject to in any given case) and will ensure
that housing renewal services are both appropriate and effective. It will also provide
an additional means by which the relevant strategic aims and objectives of the
Council as set out in its strategies and plans are turned into actions.
The Policy will also contribute towards the successful delivery of the Council’s
‘Stronger Together’ strategic plan. The strategic plan sets out the Councils vision
and strategic priorities for 2016 – 2020 and the objectives that it will endeavour to
achieve during that time.
The Policy will support delivery of the Council’s priorities and objectives:
Stronger Together Stronger Together Key Housing Renewal
Priority Strategic Objective Assistance Policy
Priority
Support our residents to Protect and improve To increase the number of
fulfil their potential mental and physical health decent homes in the
and wellbeing private sector focussing
particularly on improving
the homes of vulnerable
residents
To support elderly,
vulnerable and
disadvantaged households
living in the private sector
to repair and maintain their
homes
Work with residents to Deliver a significant To increase the number of
make our towns and improvement in housing decent homes in the
communities great places quality by investing in private sector focussing
to live homes and driving up particularly on improving
housing standards the homes of vulnerable
residents
To achieve a reduction in
Housing Renewal Assistance Policy 2016-2020 6the number of long-term
empty properties
A commercial council, well Optimise value from local To achieve value for
governed and fit for public spending and money and the most
purpose, driving efficiency increase the proportion of effective use of public
in everything we do spending with local resources through
businesses delivering appropriate
forms of assistance in
partnership with a range of
partner agencies.
Support vulnerable people Enable and support more To support elderly,
in our communities to live people to live vulnerable and
their lives well. independently and safely disadvantaged households
living in the private sector
to repair and maintain their
homes
The Policy will also contribute to the delivery of the vision and objectives of the City’s
emerging Housing Strategy (2016 - 2021).
The emerging Stoke-on-Trent City Council Housing Strategy 2016 – 2021 aims to
progress the Council’s approach to a balanced housing market and create innovative
solutions for the delivery of new housing to the residents of Stoke-on-Trent. The
strategy will support the growth of a balanced housing market, support employment
growth with the right types of housing in the right areas, identify investment in high
quality homes, neighbourhoods and services and seek to improve the social and
economic wellbeing of our communities. The strategy will be designed in a
collaborative way and it is planned that the strategy will be approved and in place by
the end of November 2016.
Additionally, the Policy will support delivery of the 2015 – 2020 Older People’s
Housing Strategy priorities to:
Improve existing housing choices and neighbourhoods, providing age friendly
communities where older people feel in control, safe and secure
Provide appropriate seamless support services to enable people to remain in
their own homes for as long as possible and to assist people to move where
this is appropriate.
The DCLG’s (Department of Communities and Local Government) ‘English Housing
Survey – Headline Report 2014’ states:
‘In 2012-13, the private rented sector overtook the social rented sector to become the
second largest tenure in England.’
There were an estimated 22.0 million households in England. Overall, 65% or 14.3
million were owner occupiers, 18% (4.0 million) were private renters and 17% (3.7
million) were social renters.
As in previous years, the private rented sector had the highest proportion of non-
decent homes (33%) while the social rented sector had the lowest (15%).
Housing Renewal Assistance Policy 2016-2020 7Meanwhile, 20% of owner occupied homes failed to meet the decent homes standard in 2012. Failing the minimum safety standard (Housing Health and Safety Rating System – HHSRS) was the most common reason for not meeting decent homes criteria”. Such hazards cause illness, injury or death and have significant cost implications for the nation. 33% of the private rented housing stock being non-decent is a problem that disproportionately affects the most vulnerable in society and thereby exposes them to a significantly greater risk to their health, well-being and development potential – further perpetuating health inequalities. There is a very clear divide in the condition of private and social housing in the City. Stoke on Trent City Council achieved Decency in 2010 in their housing stock. Since then the Council aim to manage decency in their social housing stock through planned works on estates and also through planned on demand model via responsive repairs. In comparison only 50.6% of the private sector meets this standard. The condition of properties in the private sector falls well below national standards – nationally on average only 37.5% of properties fail to meet the Decent Homes Standard. In relation to the most serious housing defects 7.9% of the private sector housing in the City has a category 1 hazard compared to 3.9% nationally. The Private Sector Stock Condition Survey for the City was completed in June 2009 and identifies some improvement in the condition of private sector stock in Stoke-on- Trent. Poor conditions remain an issue across the city however with very significant issues in some areas. Poor housing conditions are particularly associated with the private rented sector, pre-1945 terrace properties and converted flats. Levels of fuel poverty are more prevalent in these types of (hard to treat) properties because of their low energy efficiency (SAP) ratings. In 2008, 46% of private sector households were considered to be living in fuel poverty despite the average SAP rating of 59 for homes in the city being above the national average of 51.61. Hard to treat homes are more difficult to improve and often require more expensive and technically difficult solutions to improve their energy performance and to help reduce carbon emissions. Furthermore, approximately 11,487 vulnerable households live in housing which is considered non-Decent. The health impacts associated with people living in cold homes and non-decent homes impact most on these vulnerable groups. There are over 3,215 empty properties in the city, of which 55% have been vacant for over 6 months. Long term vacancy is predominantly in private sector stock and tends to be concentrated in areas where there are high numbers of terrace properties around the city centre. Reducing the number of empty homes in the city remains a priority for the Council. Housing Renewal Assistance Policy 2016-2020 8
3.1 Summary of Key National and Local Strategic Documents relevant to the
overall aim of this Policy:
Strategy Description
Housing Strategies Range of adopted documents stating
Stoke-on-Trent’s housing Policy. The
Range of strategic documents Stoke-on-Trent Housing Strategy is being
including; updated to cover the period 2016 - 21.
Emerging Housing Strategy 2016 -
2020
Emerging Homelessness Strategy
2016 - 2020
Older People‘s Housing Strategy
2015 - 2020
Empty Properties Strategy
2014 - 2019
Emerging Asset Management
Strategy 2015 -2020
Energy Efficiency Range of national Policy, strategy and
targets relating to fuel poverty, carbon
Range of strategic documents reduction and energy security.
including:
Emerging Fuel Poverty Strategy
2016 2020
Fuel Poverty Strategy for England
2015
Health and Well Being Strategy
2016 – 2020
Climate Change Act 2008
Home Energy Conservation Act
1995
Public Health Guidance on Excess
Winter Deaths and Illnesses
National Institute for Health and
Care Excellence 2015
Local Plan The council is currently preparing a Joint
Local Plan with Newcastle-under-Lyme
Borough Council, which once adopted
will replace the Core Spatial Strategy and
Saved Local Plan policies. The Joint
Local Plan will set out strategic priorities
for the area, identifying land for
Housing Renewal Assistance Policy 2016-2020 9development and planning policies.
4 AIMS AND PRIORITIES OF THE POLICY
This Policy, the purpose of which is to improve the living conditions in the Council’s
area will, in furtherance of that purpose, contribute towards achieving the aims and
objectives of a range of Council and partner strategies and initiatives as outlined in
section 3 above.
In particular, it will aim:
To increase the number of decent homes in the private sector focussing
particularly on improving the homes of vulnerable residents
To achieve a reduction in the number of long-term empty properties
To contribute towards the reduction of both the rate and risk of fuel poverty
and help meet the fuel poverty target to ensure that as many fuel poor homes
in the city as possible achieve a minimum energy efficiency rating of EPC E by
2020.
To achieve value for money and the most effective use of public resources
through delivering appropriate forms of assistance in partnership with a range
of partner agencies.
The Policy has the following key priorities for the provision of assistance. These are
to support:
Elderly, vulnerable and disadvantaged households living in the private sector
to repair and maintain their homes
The development of programmes to encourage private sector investment into
private sector homes in the city to support the loans programme
Action to improve the energy performance of homes, protecting residents from
cold homes and helping residents reduce their energy consumption and
carbon emissions.
Tackling empty homes to reduce anti-social behaviour and meet housing
need.
5 TYPES OF ASSISTANCE
This section describes the various types of assistance which may be made available
under the Policy. These may be added to from time to time as new initiatives are
developed and as a result of on-going consultation as to need.
The Policy makes provision for a number of forms of assistance including:
Home Improvement Assistance
Block improvement Assistance
Relocation Assistance
Theme based Assistance
Adaptations Assistance
Advice, Support and Signposting Services
Housing Renewal Assistance Policy 2016-2020 10Detailed information about eligibility and terms and conditions in relation to particular forms of assistance is set out in Appendix 2. The Council will determine which form of assistance is to be made available on an individual basis, taking into account all of the circumstances of the case, the type and scale of works required, and having regard to the Applicant’s circumstances. 5.1 Home Improvement Assistance The forms of assistance that can be made available for the purposes of carrying out repairs and improvements to people’s homes are: Home Improvement Equity loans Home Improvement Repayment loans 5.2 Block Improvement Assistance These forms of assistance may be used to provide improvements to a number of properties e.g. a row of terraces: Group Repair Schemes Facelift Schemes 5.3 Relocation Assistance These forms of assistance may be used to provide assistance to residents required to move from their homes either temporarily to allow repair work to take place or if their home forms part of a clearance area: Relocation Assistance Hardship Grant Homeswap Discretionary Assistance – Private Sector Tenants 5.4 Theme Based Assistance These forms of assistance may be used to address particular issues e.g. to make homes more energy efficient. Fuel poverty has been identified as a distinct and national problem causing considerable hardship and negative health impacts.2 The rate of fuel poverty in the city is currently significantly higher than the national average. Implementation of the Fuel Poverty Strategy for the city (2016-2020) will reduce both the rate and risk of fuel poverty in Stoke-on-Trent. Improving building fabric and reducing cold related illness is a key objective within the policy. Through implementation of the Fuel Poverty Strategy the Council will develop strategic partnerships and maximise available funding opportunities to install energy saving measures into the private and social housing stock in the city. The strategy goal is for all fuel poor homes in the city to achieve EPC Band E by 2020. Housing Renewal Assistance Policy 2016-2020 11
In addition to the ancillary services outlined above that can be made available
through the Home Improvement Agency the Council are committed to delivering the
following forms of assistance subject to available funding:
Empty Homes Repair Assistance Grant
Empty Homes Repair Interest free Loan and Grant
Empty Homes Deferred Payment Assistance
Landlord Accreditation Empty Homes Grant
Landlord Accreditation Grants
Energy Company Obligation
5.5 Adaptations Assistance
The Council is required by law to provide the statutory Disabled Facilities Grant to
adapt homes for people with a disability if the adaptation is considered necessary,
appropriate, practical and reasonable. The council may also offer a disabled
relocation grant to help people to move when their homes are unsuitable for
adaptation.
Disabled Facilities Grant
Discretionary Disabled Relocation Grant
5.6 Advice, Support and Signposting Services
It is recognised that good quality advice will be very important to many householders
living in sub-standard accommodation. In many cases, advice may be the only form
of assistance available.
A range of advice may be available including:
Maintenance advice.
Information about local agencies and service providers who will in turn be able
to provide specific, independent advice.
Housing options.
Information on loans and where to obtain financial advice.
Up to date advice on the Housing Assistance Policy and available resources.
Enquirers will also have access to verbal advice from appropriate officers at the
Council and partner organisations. When providing information and advice the
Council and partner organisations will have regard to those with particular
requirements
Sensory impairments
Socially isolated
Those who do not have English as a first language
Those whose disabilities limit their physical mobility
Learning Disabilities/ Difficulties
Mental Health Problems
Where the Council and partner organisations identify that individuals could benefit
from support in relation to managing their finances, for example:
Welfare benefits
Advice on good money management
Basic budgeting
Debt management
Housing Renewal Assistance Policy 2016-2020 12 Planning for the future
Methods to pay for their care
Where this support is out of the service’s remit, the Council and partner organisations
will signpost service users to organisations listed on the E-marketplace
http://www.staffordshiremarketplace.co.uk/ who can support with the needs listed
above.
5.7 The Home Improvement Agency
The Council also works in partnership with a Home Improvement Agency and
provides the agency with annual funding to support running costs. The agency can
provide advice and assistance as detailed below. It may charge a fee to clients for its
service and this is usually recoverable from the grant payable or added to the loan
costs.
Subject to available funding the agency may provide the following assistance to
eligible clients:
Housing related advice and information.
Help and support to complete any necessary forms where appropriate
Assistance in accessing local and national housing related support services,
including referral and signposting to other appropriate statutory, charitable and
voluntary agencies and follow up to establish the outcome of referrals in order
to enable the customer to remain in their own home.
Provide practical support to initiate and complete works, access statutory,
non-statutory and self-funding to allow for quick use of available budget.
Low level technical support if required.
Support to access urgent repairs including heating repairs for eligible clients
subject to funding being available.
Maintain and make available to the public a Trusted Contractor list
A range of ancillary services subject to available funding and eligibility. These
services may include:
- Handyperson service
- Falls and Accident Prevention
- Gardening
- Target Hardening
- Hospital discharge re-ablement service
Loan based assistance, where funding is available, to help homeowners living
in the City repair their homes
5.8 Loan Based Assistance
The Council aims to offer loans to enable homeowners in the City to improve and
maintain their homes. To do this the Council will work closely with its appointed
Home Improvement Agency to assist residents in accessing advice and financial
solutions. The appointed Home Improvement Agency will work directly with residents
to pursue appropriate solutions, although all assistance is dependent upon the
availability of funding.
Relocation loans and/or Homeswap assistance may be developed in a similar way in
order to assist homeowners and tenants moving from clearance areas or to enable
them to move to a more suitable property if they or a member of the household are
disabled.
Housing Renewal Assistance Policy 2016-2020 136 SERVICE DELIVERY, PERFORMANCE MANAGEMENT AND POLICY REVIEW
The success of implementing the aims of the Policy will be measured, in part, by
using national performance indicators. In June 2006 the Government defined a
‘decent home’ as one that is warm, weatherproof and has reasonably modern
facilities.3 The primary responsibility for maintaining privately owned property rests
with the owner but legislation gives local authorities general powers to assist property
owners and to target assistance in order to address specific local needs and
priorities.
Locally, a robust performance management framework is in place to assess delivery
of forms of assistance within the Policy and to monitor the annually determined
budgets.
The specific types of assistance which will generally be available in particular areas
will be published at regular intervals, according to availability of resources. These
sections of the Policy (Appendix 2) and any other amendments will be re-published if
significant changes are made.
An earlier review of the Policy may be necessary if additional resources become
available, if new target areas are identified, or if new forms of assistance are
developed. Any suggested changes will go through the democratic process and any
amendments to the Policy will be published.
7 ADMINISTRATION OF ASSISTANCE
The Council may administer certain forms of assistance in partnership with partner
agencies and organisations where it determines it is appropriate to do so.
Where this applies, the Applicant may be required to provide any information
specified in this Policy to any partner agency as well as the Council and any legal
charge against the property may be registered in favour of the relevant agency.
Where this is the case, the terms and conditions of any assistance will apply as
though they were registered in favour of the Council, and the Applicant will not be in
any way disadvantaged as a result and will receive the same protections as though
the assistance has come direct from the Council.
The Council, in conjunction with relevant partner agencies and organisations, will
administer the assistance with the benefit of a range of funding sources. Such
funding sources may include the Council’s capital receipts, Capital Programme
Funding, and private finance where appropriate to do so. Regardless of the source
of the funding, it will be used to deliver assistance as set out in the Policy, and in
accordance with the terms and conditions set out in this Policy.
The Council may award more than one form of assistance in respect of any
application, where it is deemed the most appropriate course of action to provide the
3
‘A Decent home: Definition and guidance for implementation,’ June 2006, DCLG
Housing Renewal Assistance Policy 2016-2020 14Applicant with the necessary level of assistance to meet the particular circumstances of the case, whilst ensuring value for money in the use of resources. 8 ENQUIRIES OUTSIDE OF THE PROVISIONS OF THIS POLICY Any application for assistance where it is considered that such an application falls outside the scope of the criteria laid down in the Policy may be reviewed, (if requested by the Applicant) by, the Housing Review Panel. This panel will convene as and when it is considered necessary although not normally more often than once every month. The panel will be made up of at least a senior manager and two other principal officers from relevant teams. Where appropriate the council may invite partner agencies involved in delivering forms of assistance to inform the review process only. Advice on points of law will be sought as necessary. The panel will take a decision on the most appropriate course of action. 9 APPEALS PROCEDURE, COMPLAINTS AND FRAUDULENT APPLICATIONS 9.1 Appeals Procedure Where an Applicant is refused a particular type of assistance he/she will have a right of appeal against the determination. The appeal will be conducted by an officer senior to the officer who made the initial determination. An Applicant will also have a right of appeal against a decision requiring him or her to repay any type of assistance. Full details of the appeal procedure will be available to an Applicant upon request. 9.2 Complaints Stoke-on-Trent City Council actively encourages all customer feedback about its services. The council are committed to: dealing with complaints and comments quickly and effectively; and using complaints, comments and compliments to review and improve services. Complaints can be made either in person, by phone, in writing, by email or using our online form In the first instance complaints should be directed to the officer managing the application for assistance or their supervisor. This can often be the quickest way of resolving issues. Formal complaints can be made through the Customer Feedback Team. The contact details are: Customer Feedback Team, Floor 2, Civic Centre, Stoke-on-Trent ST4 1HH Telephone: 01782 234234, Email: customer.feedback@stoke.gov.uk. On-line complaint form: http://feedback.stoke.gov.uk/RespondCustomer/MainMenu.aspx 9.3 Fraudulent Applications Where fraud or deception is suspected, the matter will be reported to the police or relevant enforcement agency. In any cases where the Council determines, after careful consideration in relation to the facts, that an Applicant has made a fraudulent or wilful deception or omission in their application, it will demand full repayment of Housing Renewal Assistance Policy 2016-2020 15
any amount of assistance so obtained, together with interest from the date of payment until the repayment, and no further amount will be paid. If, following approval of an application for assistance, the Council becomes aware that the Applicant (or Applicants in the case of a joint application) was not entitled to the assistance on the date on which it was approved, no payments or further payments will be made, and any amount of assistance already paid will be required to be repaid with interest. In the case of an owner’s application, the Applicant would not have been entitled to assistance if he/she did not have a qualifying owner’s interest, or if he does not have the intention to fulfil the criteria contained in the owner-occupation certificate that accompanied the application. The Council may charge a fee in respect of time or costs spent on processing an enquiry or application if it can be demonstrated that a potential Applicant has attempted to wilfully mislead or has wilfully misled the council about their proposed intention to pursue an application. 10 RESOURCES Funding for the Housing Renewal Assistance Policy The financial resources committed by the Council to implementing the assistance described in the policy are subject to change on an annual basis. Funding will be given through the Capital Programme and the Better Care Fund; this will be approved via the Medium Term Financial Strategy. Annual information about the current products for each form of assistance is in Appendix 4 of this Policy. This information will be updated annually. All forms of assistance are subject to limits on the total resources available. The Council may withdraw the availability of any discretionary form of assistance once the available funding has been committed. Contact details: Details of the current allocation are available upon request to the Private Sector Housing Team on 01782 235652, email privatesectorhousing@stoke.gov.uk Housing Renewal Assistance Policy 2016-2020 16
APPENDICES
Appendix 1
1.1 General Provisions Relating to the provision of City Council Assistance
Awarded
This section outlines the general conditions which apply to the various forms of
assistance. Any additional conditions or exceptions to the general conditions that
apply to specific types of assistance will be detailed in Appendix 2.
Supplementary conditions may be added from time to time when the Policy is
reviewed.
Before any assistance is provided to any person under this Policy, the Council will:
(a) provide to the person receiving the assistance a statement in writing of the
conditions (if any) to which the assistance is subject to: and
(b) satisfy itself and ensure that the person has received appropriate advice and
information about the extent and nature of the obligation (whether financial or
otherwise) which he/she may be subject to as a consequence of the Council
providing assistance to him/her under this Policy.
The Council may, in the case of any type of assistance, take some form of security in
respect of the assistance provided under this Policy. This could take the form of a
legal charge being registered against the property for which the assistance is sought
as a means of security. However, before a charge is registered against the
Applicant’s property, the Council will need to be satisfied that the Applicant has
received the appropriate advice and information as to the extent and the nature of the
registration of a charge on the property. This will form part of the written statement
referred to at sub paragraph (a) above.
In addition, all owners of the property and any other person who has an interest in
the property (for example a mortgagor) will need to consent to the charge being
registered against the property either in writing or by signing the legal charge.
In any case where there may be a condition requiring repayment of the assistance
the Council will, before such a condition is enforced, have regard to an Applicant’s
ability to make a repayment.
The written statement of conditions (to which any type of assistance is subject to) will
be contained within a legally binding agreement. This agreement will be between the
Applicant and the council (or its agent). Prior to the payment of the assistance, the
Applicant will be required to complete a declaration that he/she understands and
agrees to comply with the conditions contained within the agreement.
If the Applicant wishes to mortgage/re-mortgage their property at any time during the
term of the Council’s legal charge and a condition of such mortgage/re-mortgage is
that the Council’s legal charge shall be postponed to allow the mortgage-re-mortgage
to rank in priority, the Council may consent to the postponement provided that the
mortgage/re-mortgage amount does not exceed 80% of the property value.
Housing Renewal Assistance Policy 2016-2020 171.2 Applications for assistance All applications shall be in writing, using the prescribed form as adopted by the Council. The additional documentation required to accompany each form of assistance is specified within the Method of Application section for each form of assistance. 1.3 Fees and other ancillary services In addition to the actual cost of carrying out works of improvement or repair, other necessary charges incurred in undertaking assistance works may also be eligible for assistance. These expenses include costs such as architects’ or surveyors’ fees; charges for planning permission and building regulation approval; costs relating to confirmation of ownership, legal fees and fees for agency services. The inclusion of these fees will enable Applicants to receive advice and assistance in matters relating to their application and the work to be carried out. Particulars of the fees will be required in the application so that the reasonableness of the costs and whether they are properly incurred can be considered. The payment of assistance in respect of these fees will be dependent on the provision of a satisfactory receipt or invoice. 1.4 Preliminary Conditions In any type of assistance all Applicants must be aged 18 or over. In the case of a joint application any Applicant under the age of 18 years on the date of application will not be taken into account. 1.5 Exclusions from Assistance No assistance shall generally be available for a dwelling that has been constructed or converted within ten years of the date of application, except in relation to an application for assistance in respect of an adaptation for the benefit of a disabled person, or an application for relocation assistance. 1.6 Restrictions on Assistance The Council will not generally approve an application for assistance if the works involved and the subject of the assistance have been carried out before the application has been approved. However, where the relevant works have been begun but not been completed the application may be approved if the Council is satisfied that there were good reasons for beginning the works before the application was approved. Where the Council decides to approve an application in these circumstances they may treat the application as varied so that the works eligible for assistance do not include any that were completed prior to approval. 1.7 Calculation of the Assistance Amount The process by which the amount of assistance is calculated will be detailed within the specific section describing the form of assistance. This will include details of any test of financial resources (means test), where applicable. Where a means test is applicable within the Policy it will be calculated in accordance with Section 30 of the Housing Grants, Construction and Regeneration Act 1996 and associated regulations. Housing Renewal Assistance Policy 2016-2020 18
1.8 Minimum and Maximum amount of Assistance
The assistance may take the form of a grant or a loan. The minimum and maximum
amount of assistance will be detailed within each specific grant or loan.
1.9 Decision and notification
The Council, will in writing notify the Applicant as soon as reasonably practicable
and, in any event not later than six months after the date of a full application, whether
the application is approved or refused.
Where the Council decides to approve an application for assistance it will determine;
which of the works are eligible for assistance. Such works will be referred to
as eligible works.
the amount of the expenses which in it its opinion are properly to be incurred
in the execution of the eligible works (the eligible expense) as well as any
eligible costs incurred with respect to preliminary or ancillary services and
charges.
the amount of assistance the Council has decided to pay.
If the Council approves the application for assistance it will notify the Applicant in
writing that the application is approved and the notification will specify the eligible
works, the amount of eligible expense and the amount of assistance payable. If the
Council notifies the Applicant that his/her application for assistance has been refused
then the Council will, at the same time, advise the Applicant of the reasons for refusal
and, furthermore, that the Applicant has a right of appeal against this determination.
Information about the appeals process involved will be provided on request.
The amount of assistance may be re-calculated if it is found that there is either an
increase or decrease in the eligible works or in the amount allowed as eligible
expense. This will usually only be permitted if such costs were unforeseen at the
time of application.
1.10 Works Undertaken by Family Members
Invoices for grant assistance works from the Applicants or members of their families
are not acceptable. In cases where the work is carried out by the Applicant or a
member of his/her family then assistance may be given for materials only.
1.11 Payment of the Assistance
Where the Council has approved an application for assistance then it will pay the
assistance as detailed within each specific Grant or Loan.
The assistance may be paid:
In whole after completion of the eligible works, or
In part by instalments as the works progress and the balance after completion
of the works. Where the assistance is paid by instalments the aggregate of the
instalments paid before the completion of the eligible works shall not at any
time exceed nine tenths of the amount of the assistance.
In whole, prior to the commencement of the works, upon completion of the
legal documentation to secure the assistance against the applicant’s property.
Housing Renewal Assistance Policy 2016-2020 19In approving an application for Assistance the Council may require, as a condition of
payment, that the eligible works are carried out in accordance with all such
specifications as it shall determine.
In any event the payment of any type of work related assistance is conditional upon:
The eligible works being executed to the satisfaction of the Council, and
The Council being provided with an acceptable invoice, demand or receipt for
payment for such works.
An invoice, demand or receipt is acceptable only if it satisfies the Council and is not
given by the Applicant or a member of his family.
It is a condition of payment of any type of work related assistance, unless the Council
direct otherwise, that the eligible works are carried out by the contractor whose
estimate accompanied the application or, where two or more were submitted, by one
of those contractors.
1.12 Payment of Assistance to Contractors
The Council may pay the assistance, or part of the assistance, by direct payment to
the Contractor, or by delivering a cheque to the Applicant made payable to the
contractor.
The Council will inform the Applicant before the application for assistance is
approved if this is likely to be the method of payment.
Where assistance is payable, but the works in question have not been carried out to
the satisfaction of the Applicant, the Council may, at the Applicant’s request, and if
the Council considers it appropriate to do so, withhold payment from the contractor. If
the Council does withhold payment from the contractor it may make the payment to
the Applicant instead.
1.13 Applicants Ceasing to be Entitled before the payment of Assistance
If an Applicant ceases to be entitled to assistance before final payment, but after it
has been approved, then the Council may cancel the approval and demand
repayment of any instalments that have been paid. In the case of an Applicant dying
before final payment of assistance, the Council may, at its discretion, pay assistance
in respect of any ancillary charges and for any relevant works which have begun.
The Applicant will be given appropriate advice and time to consider any offer of
assistance, and must be willing to accept the assistance offered subject to any
conditions set by the Council, within the time set by the Council for accepting such an
offer.
Housing Renewal Assistance Policy 2016-2020 20Appendix 2 Types of Assistance HOME IMPROVEMENT ASSISTANCE Home Improvement Loans – Secured Equity Share Loan Purpose of the Assistance The product is a secured loan for those homeowners unable to access loans from mainstream lenders at affordable rates of interest, where increasing monthly outgoings is not an option and where a large amount of works are required. To assist homeowners living in non-decent properties who require financial support to improve their existing home by undertaking repairs and/or improvements which will help to bring it up to the Decent Homes Standard or other purposes by exception. The loan is to complete all works to achieve the Decent Homes Standard. If there is additional free equity then this may be used to undertake desirable works at the council’s discretion. Desirable works are those which ‘make sense’ to complete given the work being undertaken to achieve the Decent Homes Standard, such as; rewiring and re flooring in the kitchen at the same time as fitting new kitchen units. Minimum and Maximum Assistance The minimum loan is £5000 The maximum loan is £30,000 The value of all loans secured on the property, including the proposed secured equity share loan, may not exceed 80% of the property value at the time of offering the loan. All outstanding mortgage and loans secured against the property must be taken into account and the proposed loan must also be able to withstand a 10% increase should unforeseen works occur and any associated loan fees. The maximum loan value may be increased in exceptional circumstances and these cases will be considered for a final decision by the Discretionary Panel. The terms of reference for the Discretionary Panel are available on request. Method of Application Loans are delivered in by the Council. The Council will be responsible for the day to day management of the loans programme including providing frontline services to clients, management of works on site, technical support and generic marketing for the scheme. Applicants should contact the Council who will check that they meet the eligibility criteria. The Council will arrange to survey the property to assess the work required and obtain quotations. Where loan funding may be appropriate the Council will help to complete the relevant forms and documentation. The Housing Assistance and Adaptations Team (HAAT) and the Council’s Legal Team will undertake necessary searches, checks and calculate the amount of loan. A loan offer will be sent to the applicant with an agreement form for them to sign and return. Housing Renewal Assistance Policy 2016-2020 21
Eligibility
To be eligible, an applicant must meet all of the following criteria:-
o Be over the age of 18 years.
o Hold the registered title to a property as their main residential home.
o Have owned and occupied the property for at least one full year prior to the
application for assistance.
o Be the owner of the property on a sole or joint basis (both joint owners must
agree and accept the loan terms and conditions).
o Be an owner or joint owners of a freehold or minimum 99 year leasehold
(minimum leasehold period can be varied if considered appropriate by the
Discretionary Panel).
o Not be the owner of another property that could be reasonably occupied or
disposed of for the purpose of raising essential funds.
o That on approval of the new loan the applicant does not exceed a loan to
value ratio of 80% in relation to lending secured on their property.
o Have taken independent financial and legal advice or confirm in writing that
they have made their own decision not to take advice.
o Must not have received one of these loans or an equivalent loan, within the
last 5 years (from date of certified completion).
o Landlords are not eligible for this product.
o Eligible Benefits
In addition applicants must also be in receipt of one or more of the benefits set
out below. Note. This list is subject to change in line with Welfare Reforms and
Low-Income threshold indicators.
o Pension Credit
- Guaranteed Credit or Savings Credit
o Income Support or Income-based Jobseeker’s Allowance and have any of
the following:
- Has parental responsibility for a child under 16 or under 20, if still in
full time education, who ordinarily lives with that person
- Child Tax Credit (which must include a disability or severe disability
element for a child or young person)
- Disabled Child Premium
- Disability Premium (enhanced disability or severe disability element
premium)
- Pensioner Premium (higher pensioner premium or enhanced
pensioner premium)
o Income-related Employment and Support Allowance (ESA IR) that includes a
work related activity or support component
o Contribution based Employment and Support Allowance that includes a work
related activity or support component and:
- An income of £15,860 or less
o Child Tax credit and has an income of £15,860 or less
o Working Tax credit and has an income of £15,860 or less and have any of
the following:
- Has parental responsibility for a child under 16 or under 20, if still in
full time education, who ordinarily lives with that person
- Severe disability element
- Aged 50 years or over
Applicants who are considered on low income and falling outside of these criteria
Housing Renewal Assistance Policy 2016-2020 22may still be eligible and it is intended that these cases would be considered by the
Discretionary Panel.
To be eligible the property must:
o The property must be within the Stoke-on-Trent City Council boundary
o The property must fail to meet the Government’s Decent Homes Standard
All eligibility criteria are subject to change.
Exclusions
The following work may not be funded using an equity release loan:
Creation of garages/parking spaces, except where the applicant is disabled (or
disabled person resides) and mobility is an issue.
Creation of storage space - except where storage space is needed for medical
equipment, or disabled aids.
Extensions to properties, except to alleviate overcrowding or where existing
facilities do not need meet the Decent Homes Standard (e.g. inadequate kitchen
space) or replacing existing extensions, where it is the most appropriate option.
Decorating, except where the requirement for redecoration has risen as a result
of other works being carried out under the loan.
Fitted carpets (or floating floors e.g. laminate), wardrobes or other 'furnishings'
items.
Conservatories - except to replace existing conservatories in disrepair and
replacement is the most appropriate option.
Repairs required as a result of malicious damage, caused by the occupants.
Any desirable works, where the applicant is choosing to ignore higher priority
works.
Any subsequent application for a loan within 5 years of original loan (from date of
completion of works).
Terms and Conditions Applicable*
The total loan (cost of works plus any fees included) is calculated as a
percentage of the value of the property, and this percentage is registered as a
legal charge against the property by the Council.
The loan is repayable on the death of the homeowner, sale of property; or on
disposal of property.
Loans can be repaid at any time subject to a valuation of the property. The
valuation fee will be charged to the homeowner.
There are reasonable set up and redemption charges that are passed to the
homeowner including the cost of re-valuation at the point of redemption. Details
of charges are available on request.
The Council will charge an agency fee to the service user. Details of the charge is
available on request.
No repossession guarantee while the property is in the ownership of the
borrower(s) and remains their principal residence and providing no other person
has moved into the property without the prior consent of the lender.
The amount repayable is calculated using the percentage value of the loan
established at the point of lending, and reapplying this percentage to the
valuation at the point of repayment.
The amount repayable is never less than the amount borrowed.
There is no immediate right to succession. Each case will be considered by the
Housing Renewal Assistance Policy 2016-2020 23Discretionary Panel for a decision.
Complaints against the service provided by Stoke-On-Trent City Council will be
dealt with as appropriate, through existing complaints procedures.
Loan Costs
The following costs, which may be incurred when the loan is set up or redeemed, are
paid for by the applicant and can be added to the loan value, these include:
Agency fee
Administration fee
Valuation fee
Legal registration
Mining Search
Local land search
Land Registry (Property Title)
Building Control Fees
Bankruptcy Search
Legal fees incurred as a result of the loan
Other fees might be considered
Completion of Works
Work must not commence until the loan offer has been approved and the loan
agreement has been signed.
Work must be undertaken by the contractor whose quotation accompanied the
application.
Eligible works must be started within three months of the loan agreement being
signed.
Eligible works must be completed within three months of the start date and no
later than 6 months of the loan agreement date.
Payment of Loan
Payment of the loan funds will be made on satisfactory completion of eligible
works and receipt of satisfactory invoices and other relevant completion
documentation/certification.
Payment for repair/improvement works will be made from the loan funds held by
the Council directly to the contractor on behalf of the applicant.
Payment for Council agency fees will be made from the loan funds held by the
Council on behalf of the applicant.
Payment for all other costs and fees will be made from the loan funds held by the
Council directly to the provider of the service on behalf of the applicant.
The applicant will be notified of the payment methods and terms prior to approval
of the loan. In exceptional circumstance, payment of the loan may be made to
the applicant.
The contract of works is between the Applicant and the contractor. The Council
will not be liable in anyway whatsoever, contractually or otherwise for the
payment of any works carried out by the contractor under the terms of the
assistance.
Loan Repayment Conditions
The loan is secured against the value of the property but no repayment of capital
or interest is required to be made until there is an ultimate change of ownership.
The loan is repayable in the following circumstances:
Housing Renewal Assistance Policy 2016-2020 24o On the death of the homeowner/applicant and subsequent disposal of
property.
o On disposal of property (sale/transfer/change of ownership).
o Early repayment by choice
The loan is calculated as a percentage of the initial value of the property. The
repayment amount is based on the same percentage but of the property value
when the loan is redeemed.
In the event of property values decreasing the amount repayable is the minimum
sum (in other words the original amount borrowed). At the discretion of officers
cases where values have decreased can be brought to the Discretionary Panel
for consideration.
Succession
There is no immediate right to succession. In exceptional circumstances, requests
for the right to succession may be considered by the Discretionary Panel.
This list is not exhaustive and is subject to change. Full terms and conditions will be
detailed in the loan agreement.
Additional guidance on the application of the policy in relation the Home
Improvement Loans and the Discretionary Panel Terms of Reference can be found
in the document “Home Improvement Loan Products – Policy Guidance and
Associated Terms”
Housing Renewal Assistance Policy 2016-2020 25You can also read
