Constitution Part 3 - Director of Neighbourhoods and Regulatory Service

Strategic Assets Management

No	Delegation
DNRS216	Power to accept subject to contract the highest tender received by the Borough Council for property advertised for sale or to let by way of lease or licence upon the open market and to report back to the appropriate Committee/Board for information.
DNRS217	Power to approve land and property disposals, leases, lettings, licences, wayleaves, easements, undertaking and concluding rent reviews, lease renewals and the release and amendments of restrictions, covenants and other land and property matters within prescribed thresholds as set out in the Finance and Corporate Affairs Committee arrangements.
DNRS218	Power to re-advertise property where no tender has been received as a result of previous marketing.
DNRS219	Power to grant early entry under licence onto land or into buildings for which authority to sell or lease has previously been granted.
DNRS220	Power to review rents, and review existing leases, of all properties and land, except Council Houses and to serve all relevant notices under the lease and power to respond to all notices served upon the Council in this respect.
DNRS221	Power to re-let property, other than Council houses, upon the open market, which has previously been let and which is not required for the Council’s immediate statutory purposes.
DNRS222	Power to agree terms for, and authorize the granting of wayleaves, easements and licences over Borough Council land and to allow early entry onto relevant Borough Council land.
DNRS223	Subject to budgetary availability power to agree terms and authorise the taking of wayleaves and easements over land owned by a third party where such easements and wayleaves are required for benefit of Borough Council property holdings and power to allow early entry.
DNRS224	Power to give consent to building or development of land or to the alterations of buildings where such consent is required pursuant to a covenant contained in a conveyance or lease of the land or building, and to determine applications for variation of user clauses or restrictive covenants from leaseholders or freeholders of Council owned or previously Council owned land or property
DNRS225	Power to consent to alterations to shop premises under the terms of lease and to authorise landlord’s repairs.
DNRS226	Power to terminate business leases at appropriate premises.
DNRS227	Power to approve the institution of proceedings for the recovery of property held under lease
DNRS228	Power to determine eligibility for assistance and approve claims for repurchase in appropriate cases under the provision of the Housing Act 1985.
DNRS229	Power to allocate tenancies to approved applicants and tenants of houses in confirmed Clearance Areas or Closing and Demolition Orders and to pensioners in future Clearance Areas where the property has been purchased by the Council and other approved cases in proposed Clearance Areas.
DNRS230	Power to nominate tenants to Registered Provider’s properties.
DNRS231	Power to allocate Council tenancies in accordance with the Council’s allocations policy.
DNRS232	Power to order repairs to Council dwellings and garages.
DNRS233	Power to approve within the guidelines laid down by the Council applications for sale of Council dwellings.
DNRS234	Power to approve exchanges between Council tenants or Council tenants and private tenants (including Housing Associations).
DNRS235	Power to approve letting a Council tenancy to persons with former tenant arrears or recharges debt under £500.
DNRS236	Power to transfer tenancies on death, remarriage or in cases of legal and mutual separation and similar special cases.
DNRS237	Power to provide move on' accommodation from supported or emergency accommodation.
DNRS238	Power to allocate garage tenancies.
DNRS239	Power to award decoration vouchers to tenants of properties which have been re-let and left in a poor state of decoration or properties which are proving difficult to let by virtue of the poor standard of decoration.
DNRS240	Power to reduce charges for tenant's liability for repairs on grounds of financial hardship, age or condition of the appliance to be replaced and to waive charges where there is reasonable doubt as to the extent of liability.
DNRS241	Power to take all action necessary up to and including application to County Court for Possession Orders in respect of rent arrears cases.
DNRS242	Power to serve notice upon the tenant or tenants of a Council dwelling house in respect of any breach of tenancy condition and/or any breach of the grounds set out in Schedule 2 of the Housing Act 1985 (as amended) and to take any subsequent action necessary including authorising application to the County Court for Possession Orders subject to prior consultation with the Director of Legal, Governance and Human Resources.
DNRS243	Power to take action to recover possession of any Council owned dwelling or garage occupied by an unauthorised occupier.
DNRS244	Power to instruct the Director of Legal, Governance and Human Resources to take possession action for recovery of premises in appropriate cases where a breach of the tenancy agreement has taken place.
DNRS245	Power, in consultation with the Chair of Finance and Corporate Affairs Committee, to accept offers to sell houses to the Council upon terms agreed with the Strategic Asset Manager, in advance of proposed or agreed clearance areas and to report to the relevant Committee for information.
DNRS246	Power to authorise appropriate treatment of party walls exposed by demolition of adjoining clearance area properties.
DNRS247	Power, in consultation with the Director of Finance, IT and Digital, to write off former tenancy arrears which do not exceed £50,000, after all appropriate recovery procedures have been attempted.
DNRS248	To exercise the Authority's powers under section 33 of the Local Government (Miscellaneous Provisions) Act 1976 to ensure the continuation or restoration of water, gas or electricity to private residential dwellings where the failure of the landlord to pay the bills results in the threat of or the actual disconnection of supplies and to recover the costs incurred and interest accrued in taking any such action.
DNRS249	To approve applications for grants relating to private sector housing which comply with the provisions of the Housing Acts, Housing Grants, Construction and Regeneration Act 1996 and the Housing Assistance (England and Wales) Regulatory Reform Order 2002 within the scheme laid down by the Authority.
DNRS250	To approve in whole or in part the removal of the conditions imposed by an Improvement Grant under the Housing Grants, Construction and Regeneration Act 1996 and the Housing Assistance (England and Wales) Regulatory Reform Order 2002 where there is a repayment of an amount which reflects that proportion of the condition period remaining unexpired plus compound interest.
DNRS251	To serve notices under the provisions of Part 1 of the Housing Act 2004 in connection with housing disrepair; to consider the carrying out of works in default; the execution of such works in default and the recovery of expenses incurred and interest accrued in executing such works.
DNRS252	To carry out inspections and submit reports in connection with the provisions of the Housing Acts so far as they relate to houses in accordance with the provisions relating to repair, the closing and demolition of houses unfit for human habitation and the abatement of overcrowding.
DNRS253	To serve all necessary notices under the Housing Act 2004 to ensure that houses in multiple occupation are provided with adequate means of escape from fire and adequate other fire precautions and in consultation with the Director of Legal, Governance and Human Resources to exercise discretion to take action to ensure that such notices are complied with either by the institution of any court proceedings or the acceptance of undertakings on behalf of the Authority under the Housing Act 2004.
DNRS254	In respect of grants relating to private sector housing improvement to determine when a contractor other than one whose estimate accompanied the application be allowed to undertake the work and the circumstances when grant shall be paid direct to any applicant in preference to the contractor.
DNRS255	To exercise all powers and duties of the Authority under the provisions of the Housing Act 2004 and associated regulations with respect to housing conditions (Part 1), licensing of houses in multiple occupancy (Part 2), selective licensing of other residential accommodation (Part 3), additional control provisions in relation to residential accommodation (Part 4), miscellaneous provisions (Part 6) and supplementary and final provisions (Part 7).
DNRS256	The management of all matters required to ensure the Authority carries out its statutory duties as a local housing authority as prescribed in: Housing Act 1985 Housing Act 1996 Housing Act 2004 Local Government and Housing Act 1989 and Any other relevant statute or government guidance relating to the management and provision of social housing and related facilities.
DNRS257	To take any decisions on the selection of property appropriate for affordable rent
DNRS258	Exercising the management of functions of the Authority in relation to dwellings owned by the Authority but not held under Part IV of the Housing Act 1985
DNRS259	Authorising the allocation and granting of tenancies and licenses in accordance with the Authority’s allocation scheme: (a) approving rents in specific cases; (b) serving notices, to quit, of termination or seeking possession; (c) maintaining properties and estates; (d) granting consent or otherwise to the assignment of a tenancy where statute allows and in line with the Authority’s policy; (e) granting consent to mutual exchanges, imposing conditions to that consent where appropriate or refusing such consent with reference to Schedule 3 of the Housing Act 1985; (f) granting consent or otherwise to tenants‟ requests to carry out improvements or alterations; (g) granting consent or otherwise in any other matter where the Authority’s tenancy agreement including introductory tenancy agreement or licensees requires that permission is sought by the tenant or licensee; (h) authorising compensation for tenants‟ improvements be they statutory or discretionary (Housing Act 1985 sections 99a and 100); (i) settling any claims by tenants for disrepair; (j) taking action under sections 1 and 115 of the Crime and Disorder Act 1998, Part V of the Housing Act 1996, Anti-Social Behaviour Act 2003 and Housing Act 2004; (k) taking action to secure the eviction of trespassers; (l) undertaking consultation with tenants and / or social landlords where required by statute or government guidance or where otherwise appropriate e.g. section 105 of the Housing Act 1985; and (m) authorise the granting of licences for the use of garages, reviewing licence conditions and subsequent termination of licences where necessary.
DNRS260	Carry out the Authority's statutory responsibilities under Part V of the Housing Act 1985 (Right To Buy). Authorising service of statutory notices, admitting/denying the right to buy, withdrawing or requiring completion. Authorising sales of freehold or otherwise granting of long leases. In consultation with the Director of Legal, Governance and Human Resources, with regard to freeholds, enforcing covenants including those relating to repayment of discount, use of shared areas and letting of whole. Leasehold: Agreeing variations to the terms of individual leases. Granting/refusing permission to requests on various matters, by leaseholders, where the lease requires consent of the landlord, e.g. requests to sublet whole. In consultation with the Director of Legal, Governance and Human Resources authorising action on breaches of covenants
DNRS261	To ensure compliance with all Authority policies relating to the provision and management of Council owned residential properties. Authority to make changes to all such policies where provision of service would be improved or necessity arises or to recommend such changes to the appropriate committee where appropriate.
DNRS262	To establish such arrangements as appropriate to ensure effective engagement of tenants and leaseholders in the setting, monitoring and review of housing and related services including holding meetings, organising consultation events, surveys and newsletters
DNRS263	To consider any matters relating to the Housing Act 1985 (as amended) in respect of Right to Buy including the repayment of discount and right of first refusal.
DNRS264	In consultation with the Director of Finance, IT and Digital, the write-off of Credit balances associated with untraceable former tenants in compliance with the Authority’s write-off policy.