Appendix 9

Equality Impact Assessment (EIA) Form
Purpose of this form is to ensure that the Council’s equality duty can be shown to have been properly considered in the decision-making process. An EIA should be completed and attached to any reports or proposals put forward for decision by the Council. /

Additional guidance notes have been provided through the following link

Name of proposal being assessed
Proposal to consult on the designation of further areas for selective licensing to improve private sector housing conditions in the city

Directorate/Service Area

/ Date EIA Completed
Housing and Customer Services / 06.10.17
Lead Officer for this EIA / Contact Number
Sarah Fitzpatrick / 01782 232082

Identifying the aims of the proposal

What is the main purpose and scope of the proposal?

The objectives of the proposed Selective Licensing schemes is to regenerate private sector areas and increase demand by:
  • Improving the condition of housing stock
  • Improving the management practises of landlords
  • Improving the relationship between landlords and tenants.
This will, in turn, make renting privately a more viable option in the longer term. Issues identified during complaint investigations show that many tenants do not hold tenancy agreements, and are often unaware of who their landlord is. A more professional private rented sector would encourage landlords to let properties for a longer term and tenants would receive a comprehensive tenancy management service. It would also help the local authority to work in partnership with landlords and agents to maximise the use of privately rented properties to help meet a range of housing needs

What are the intended outcomes of the proposal, and what could contribute to/detract from the delivery of these outcomes?

Whilst the Council will look to improving property conditions to ensure people are living in safe homes as part of the wider strategy, the Private Sector Housing Team will also tackle:
  • the management practices
  • anti-social behaviour
  • long term empty homes
Work with partners to:
  • address substance misuse
  • health issues
  • criminal behaviour.
It will be a holistic approach to areas experiencing decline but with a focus on property conditions. Each property will be inspected to ensure it is compliant with at least the minimum standards. Landlords who do not apply for a license may be either prosecuted or issued with a Civil Penalty and those landlords who breach their license conditions may also be prosecuted. The expectation is that landlords will work with the authority and partners where a tenant is causing a problem in the area to help resolve the situation.

Who is intended to benefit from this proposal, how and why?

The benefits of selective licensing include the development of a proactive andconsistent council-led approach towards identifying, and tackling complex issues involving poorhousing standards; management and anti-social behaviour in the private rented sector across the area to thebenefit of tenants, responsible landlords; the local community; the wider community and service providers such as police, fire and CAB.
Responsible landlords will gain from the improved clarity of their role inraising property and tenancy management standards while action is taken totackle those who contravene their legal responsibilities.Tenants will be clear on what they can expect from both the home that theyrent and the landlord that they rent it from, with implementation of minimumstandards resulting in better managed, quality and safer homes. Any repairsand improvements will be required by the council rather than a tenantcomplaining and subsequently fearing loss of their tenancy, taking tension outof the landlord and tenant relationship.Communities benefit from a consistent approach towards proactivelyassessing and improving housing conditions across an area and knowing whois responsible for the management of properties that are rented out.

Assessment of Impact

List available evidence, including consultations, regarding the impact that the proposal may have on people with differing protected characteristics

None available at present. We are seeking authority to consult local people and the wider community on the proposals.

If monitoring data is not available for the people who are potentially affected or impacted by the proposal please provide reasons why not, and explain how (if at all) the potential equalities impact of the proposal has been assessed.

If approval is given, the details of all owners and tenants will be collated and a full consultation period of 14 weeks will commence. This may provide information on the people with protected characteristics and any impact upon them. If an individual is renting out a property they need to be compliant with the legislation.

Taking into account all the evidence available indicate where you think that the proposal could have an intended or unintended negative impact on a particular group: i.e. it could cause some disadvantage or leave out from its benefits some people with or without a particular protected characteristic. Where the proposalis intended to benefit any particular group this should be recorded as a positive impactand the reasons for this should be stated or included in the appropriate section above. Where the proposalwill affect a particular group no differently from any other indicate this as neutral impact. Please give reasons for each outcome and explain which particular groups with which particular protected characteristics will be affected by the proposal and how:

Negative Impact

/

Positive Impact

/ Neutral Impact /

Reason(s)

Age

/  / This policy requires that landlords pay a fee and the local authority inspects the property and requires any works to be done to make the property safe and free from hazards. If it is that the landlord has a protected characteristic, the council’s officer would still require the works, but would some adjustments, such as giving extra time if this was possible and did not add additional risk to the occupier or the local community

Disability

/  / As above

Gender (including sex, transgender and issues relating to pregnancy and maternity)

/  / As above

Race/Ethnicity

/  / As above

Religion or belief

/  / As above

Sexual Orientation (including issues relating to marriage and civil partnerships)

/  / As above

Are there any other groups(e.g. travellers, single parents, those on low income etc)who may be disadvantaged by the proposal’s operation, or who may not benefit equally from it?

Landlords on low income may find it difficult to pay the fee; however, there will be a mechanism to pay in instalments but at a small charge to cover the administration costs. However, private renting is a business and therefore landlords should have the income from the property to cover the cost which currently is £500 for 5 years, which equates to 27p per day.

Negative Impact

If an adverse negative impact has been identified,why is this necessary, and what actions are being taken to mitigate the impact?

Follow-up Equality Impact Assessment

Should there be a Follow-up Equality Impact Assessment if this proposal is implemented?

Yes  / No 

If a follow-up EIA is not required, explain why:

As stated above, all landlords must comply with the legislation as set out in the Housing Act 2004. Ultimately, the landlord has to do the works to make the property safe and free from hazards. The authority’s Environmental Health Officers currently make adjustments wherever possible to assist landlords in fulfilling their duties. A follow up EIA will not alter the above situation as adjustments are already made where a landlord is unable to meet the deadline or cannot comply within the time frame allocated or with the works requested.

Signed (lead officer):

Signed (lead manager

Date: 06.10.17

The completed and signed Equality Impact Assessment must be attached to the CO or relevant report and mailed to

Follow-UpEqualityImpact Assessment

Recapping the original EIA

Begin the follow-up EIA by recalling:

  • thefunction or policy’s intended purpose and scope;
  • who was intended tobenefit or be affected by the policy or function; and
  • who were identified in the EIA aspotentially disadvantaged, excluded or marginalised by its implementation?

Consultation and Assessment

  • Profile who is making use of the service or affected by the policy / function and how, in particular by reference to the protected characteristics of those concerned.
  • Carryout a consultation as to the operation of the service or effect of the policy / function that reaches all those using the service or affected by the policy / function and in particular the identified potentially disadvantaged, excluded or marginalised groups.
  • Particularly look at the take up of and effect of any measures implemented to assist particular groups who would otherwise have difficulty using the service or be adversely affected by the policy / function
  • Ensure all relevant employees and staff support groups are consulted.
  • Attach details of the profile of service users / those affected and a list of those consulted, together with the responses and any additional evidence.
  • Review the consultation by asking:
  • What are the views of those consulted on the operation of the service or effect of the policy / function?
  • Is the service, policy or function successful in providing the intended benefits as set out in the EIA?
  • Are there any differences in responses between different groups with different protected characteristics?
  • Are there groups with particular protected characteristics who are not benefiting from the service / function or policy or benefiting less than others?
  • Are there groups with particular protected characteristics which are more adversely affected by the operation of the function / policy than others?
  • Where measures have been implemented to assist particular disadvantaged groups, have these been taken up and how effective are they in dealing with the disadvantage concerned?
  • Compare the results with the anticipated results as set out in the original EIA.

Outcome of EIA

Consultation and Assessment Summary

Issues from the follow-up EIA that will need to be addressed

Where issue are identified, based on the comments given in the EIA, you should draw up an action plan that highlights all the issues and states how they will be addressed. The action plan must form a part of your business planning process to ensure an effective outcome.

The completed and signed Equality Impact Assessment must be attached to the CO or relevant report and mailed to

Ensure feedback is given to those who participated in the consultation.

Signed (lead officer):------

Date: ------

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