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Details

Status:
Implemented
Title:
Enforced Sale of an empty property - 002485
Subject and Decision Taken
To use the Enforced Sale procedure to recover debts incurred by the Council on an empty property, 002485, as an exception to policy in that the debt does not exceed £1,000. 
Reason for Decision

002485 has been abandoned by its current owner who refuses to engage with officers over the future of the property. The property has been receiving complaints from neighbours for a considerable time due to leaking gutters and overgrown gardens that have a detrimental impact on the neighbourhood. The City Council has incurred costs under S.215 of the Town and country Planning Act 1990 to deal with damp and security issues amounting to over £850. These appear as a land charge on the property. Although this falls short of the £1,000 trigger debt the owner also has Council tax debts in excess of £16,000

 

There is very limited chance that the current owner will take any steps to bring the property into use, pay the debt or sell the property in order for the Council to recover its debts.

 

The Enforced Sale Policy enables officers to use appropriate powers to recover debts incurred in dealing with empty properties including the enforced sale of the property if the costs exceed £1,000. The policy also allows for the use of those powers for a lower debt as an exception to policy if the debt is unlikely to be recovered and the property is a blight to the community.

 

002485 meets those criteria and the use of appropriate powers under the Enforced Sale policy will bring the property to market, attract new owners to invest in the property and recover the debt.
Details of alternative options considered

The Council has the power to make a Compulsory Purchase Order but this is more burdensome process and requires the authority to secure funds to compensate the owners. Enforced sale is a simpler less costly process.

 

The authority could do nothing and wait for matters to take their course as the debts are recorded as a land charge. This will not resolve the condition or state of the property and represents the loss of a valuable housing market asset
Officer Job Title
Corporate Director of Governance and Regulatory Services
Portfolio Area

A number of portfolio’s are affected

Communities Health and Wellbeing (Health and Wellbeing)

Economy, Enterprise and Housing (Housing Strategy

Environment and Transport (Environmental Protection)
Key Decision
No
Date Decision Taken
Tue 13 Sep 2022
Reports and Background Papers
Witness statement and file documentation.
Interests Declared
N/A
Date Published
15 September 2022.

Additional Information

Key Decision Ref
Deadline for call-in
Implementation date if not called in
Exempt from call-in
Call in notified and date notified
Approved for implementation on

Decision Criteria

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Wards

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Topics

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Overview and Scrutiny

Place Panel

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Reports

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Decision History

Date & Time CreatedUser Full NameStatus DescriptionDetails
1
 Page 1 of 1, items 1 to 4 of 4.
15/09/2022 11:18:46Jacqui IssattBusiness Item Created 
15/09/2022 11:20:39Jacqui IssattOS Committee AddedPlace Panel
15/09/2022 11:26:49 General Details EditedReference Number Generated (OD.103/22)
15/09/2022 11:26:49Jacqui IssattStatus ChangedImplemented [7]

Approval/Comments

No history found.