BABERGH DISTRICT COUNCIL
LICENSING AND APPEALS COMMITTEE (HOUSING MATTERS)
MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 21 OCTOBER 2010
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1 - Declaration of Interests,
2 - Questions from Members,
3 - Exclusion of the Public (Which Term Includes the Press),
4 - Appeal Against Decision to Terminate an Introductory Tenancy (Exempt information by virtue of Paragraphs 1 and 3 of Part 1),
PRESENT: Mr B L Lazenby – Chairman
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Mr B Riley
Mr R W Thake |
Mr A J Ward
Mr L H Young |
The following were also in attendance at the meeting:
Mr I Rickard (Legal Advisor to the Committee)
Mr P Little (Community Safety and Leisure Manager)
Ms K Parnum (Tenancy Enforcement Officer)
The Tenant and her father
Mr D Elliott, Solicitor, representing the Tenant
Mrs L Sheppard (Senior Democratic Services Officer)
None declared.
None received.
RESOLVED
That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item.
The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
Prior to the consideration of this matter, the following papers were circulated to all those present at the meeting:-
- Checklist of matters for consideration
(as referred to in the Procedure for Determination of Housing Appeals (Termination of Introductory Tenancy) which was circulated with the agenda)
- Doctor’s letter dated 22 September 2010
- Letter dated 20 October 2010 submitted by the Tenant’s father
All parties were given the opportunity to read the documents circulated at the meeting, following which the Chairman introduced those present and made reference to the Procedure to be followed at the hearing.
Members also had before them Paper K121 together with Appendices 1 to 4 (report submitted by the Head of Community Development), which had been circulated prior to the meeting.
The Committee was satisfied that the correct procedures had been followed regarding the Notice to terminate an Introductory Tenancy. The Tenant’s representative concurred, and the Chairman proceeded with the hearing.
Mr Paul Little presented Paper K121 asking the Committee to uphold the Notice and to authorise the Head of Community Development to proceed to commence a claim in the County Court for the recovery of possession of the property if the Tenant does not leave the premises in accordance with the Notice. Mr Little responded to Members’ questions regarding various matters in the report. He also confirmed his acceptance that certain of the ‘Allegations not proven and denied by [the Tenant]’ as referred to in Appendix 4 – ‘Skeleton Submission’ were no longer relevant, but that issues of noise and disturbance remained.
Mr Elliott, on behalf of the Tenant, then addressed the Committee based on the Skeleton Submission (Appendix 4), and responded to Members’ questions. The Tenant spoke to clarify her current use of the property in question, and made reference to the help she is now receiving to deal with her problems. The Tenant’s father then spoke in support of the Tenant remaining in her present accommodation.
The parties were then given the opportunity to sum up, following which they withdrew from the meeting.
The Committee in deliberating this matter took into account the representations made at the meeting together with the written submissions contained in Paper K121, and in the documents circulated at the meeting. Members had regard to the Human Rights implications in relation to both the Tenant and the complainants, and recognised the efforts of the Tenant to modify her behaviour in order to address the issues of noise and disturbance which were acknowledged by the Tenant and her representative. In the circumstances, the Committee concluded that it would be appropriate to allow the Tenant the opportunity to remain at the property and therefore did not uphold the Notice to terminate the Introductory Tenancy. However, Members considered that the Tenant should be made aware of the seriousness with which any breaches of a tenancy agreement are viewed.
The parties were recalled to the meeting and informed of the Committee’s decision. The Chairman in notifying the decision, as set out below, emphasised to the Tenant the seriousness of the situation.
RESOLVED
That having considered the representations made by the parties, the Committee’s decision is that the Notice to terminate the Introductory Tenancy of the property referred to in Paper K121 is not upheld and therefore the Council does not seek possession of the property at this stage. Further, that the Tenant be advised that in the event of future breaches of the Tenancy agreement being reported, this Committee would expect a further Notice to be served which might then be the subject of an appeal to be heard by the Committee.
The business of the meeting was concluded at 11.15 a.m.
Chairman
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