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 JUNE 2007

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• 1. Declaration Of Interests,
• 2. Minutes,
• 3. Questions From Members,
• 4. Exclusion Of The Public (Which Term Includes The Press),
• 5. Review Of An Introductory Tenancy (Exempt information by virtue of Paragraphs 1 and 3 Part 1),

PRESENT: Mr B L Lazenby – Chairman

Mr P J Holbrook was unable to be present.

The following were also in attendance at the meeting:

Ms K Smith (Legal Advisor to the Committee)
Mrs S Fayers (Billing and Recovery Manager)
Ms V Hill (Rents Officer)

1 DECLARATION OF INTERESTS

None declared.

2 MINUTES

resolved

That the Minutes of the meeting held on 24 May 2007 be confirmed and signed as a correct record.

3 QUESTIONS FROM MEMBERS

None received.

4 EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

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.

5 REVIEW OF AN INTRODUCTORY TENANCY (Exempt information by virtue of Paragraphs 1 and 3 of Part 1)

The Chairman outlined the procedure to be followed at the Hearing.

Mrs S Fayers advised that although the introductory tenant, the subject of Paper G8 had indicated that they would be present at the Hearing, a telephone call had been received on the morning of the meeting advising that, due to personal circumstances, the introductory tenant would not be able to attend the meeting.

The Committee were provided with advice under Regulation 7 of the Introductory Tenants (Review) Regulations 1997 that, providing proper notice had been given, and the person shall fail to attend the hearing, having regard to all the circumstances the Committee could proceed with the hearing or give other such directions.

The Committee agreed that the hearing should proceed.

The Committee then considered whether the correct procedures had been followed regarding the Notice of Possession Proceedings and were satisfied that they had been.

The Head of Customer Services submitted a report (Paper G8) supporting the Council’s case in the decision of the Head of Customer Services to issue a Notice of Possession Proceedings against the Introductory Tenant of a property in Sudbury as referred to in the report. The Head of Customer Services also circulated at the meeting a copy of the latest position on the rent account for the property.

Following the introduction of the report Members asked questions of the Head of Customer Services.

The Committee, having already agreed that the correct procedures had been followed, reviewed the decision to commence possession proceedings.

RESOLVED

That, having satisfied themselves that on the balance of probabilities, the Tenant is in breach of the conditions of their introductory tenancy due to non payment of rent, the decision to issue the Notice of Possession Proceedings be upheld and the Head of Customer Services proceed to commence a claim in the County Court for recovery of possession of the property referred to in Paper G8.

The business of the meeting was concluded at 10.28 a.m.

Chairman