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Last-in-the-block Sale and Acquisition Policy CAH 16 08 22

Renfrewshire Council · 16 August 2022
Back to Communities and Housing Policy Board — 16 August 2022 and its agenda

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___________________________________________________________________
To: Communities and Housing Policy Board
On: 16 August 2022
___________________________________________________________________
Report by: Director of Communities and Housing Services
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Heading: Last-in-the-block Sale and Acquisition Policy
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1. Summary  
1.1 This paper sets out a proposal to amend the current policy approved in May
2014, which allows the sale of the last house in a block in certain
circumstances. 
1.2 Of the Council’s 12216 properties, almost 70% are flatted, with many in mixed
tenure blocks. 
1.3 Mixed tenure flatted blocks can present difficulties when delivering investment
programmes, because the delivery of such programmes in most
circumstances will require the agreement of co-owners. 
1.4 With the imminent commencement of the £100m Housing Regeneration
investment programme, the issue of mixed tenure blocks will become critical
to the successful delivery of the investment programme. 
1.5 This paper sets out a proposal to amend the current policy for last house in
the block, to include any flatted blocks (currently it relates to blocks of more
than 5 properties), and also to include a provision to enable rehousing of
tenants with their agreement where the Council is a minority owner. 
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2. Recommendations 
2.1 It is recommended that the Policy Board: 
(i) Approve a change to the “last in the block sale and acquisition policy”
as set out in section 3 of this report and in full accordance with the
approved Council Scheme of Delegation and Financial Regulations, in
order to allow:

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a. Re-housing of tenants (with their agreement) to allow disposal; 
b. Disposal of flats which are “last-in-the-block” but where the block
has a connection to other blocks;
c. Disposal of last in block flats regardless of the number of properties
in the block;
d. The use of receipts for acquisition of properties to increase Council
ownership in other mixed-tenure blocks.; and 
(ii) authorise the Director of Communities and Housing Services to seek
the consent of Scottish Ministers as required.
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3. Background
3.1 As of 31 March 2022, the Council had a stock holding of 12,216 properties as
reported to the Scottish Housing Regulator (SHR) and as detailed in the table
below. Only 22% are houses, with the majority – 69% – being flats. 
Apartments Houses High-Rise
Flats
Tenement
Flats
4-in-a-Block
Flats
Other Total
1 80 34 57 47 199 417
2 256 310 1,750 965 404 3,685
3 1,380 656 2,253 1,179 396 5,864
4 883 0 547 560 49 2,039
5+ 97 0 30 81 3 211
Total 2,696 1,000 4,637 2,832 1,051 12,216 
3.2 In blocks of flats – except where permitted under the Tenements (Scotland)
Act 2004 – the consent of a majority of the owners is required to allow work to
proceed, and therefore work promoted by the Council; ranging from basic
repairs to investment to reach the requirements of the Energy Efficiency
Standard for Social Housing (EESSH), may not go ahead unless a majority of
the owners within the block agree to participate in work programmes. 
3.3 Whilst there is often a positive resolution using the provisions of the
Tenements (Scotland) Act 2004, it can be difficult to secure consent in blocks
where the Council only has a minority ownership interest. The table below
highlights the Council’s stock position on a block type basis and that in 56% of
blocks the Council is a minority owner. 
Common block
type
Council ownership Total
Majority Minority,
>1 unit
Minority,
1 unit only
4-in-a-block 398 431 564 1,393
Other 1–4 units 299 128 125 552
5–6 units  446 191 45 682
7–8 units  49 48 11 108
>8 units  62 45 7 114
Multi-storey  14 0 0 14
Total 1,268 843 752 2,863

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3.4 On 13 May 2014, the Housing and Community Safety Board approved a
report requesting authority to sell single Council dwellings in larger common
blocks, where the Council owned 1 property in a block of 5 or more, when it
became vacant. To date, over 50 of the 106 properties identified in the 2014
report have been sold as they have been vacated by tenants. 
3.5 Therefore, it is considered that within the context of the £100m Regeneration
and Renewal Programme, there could be situations where negotiations to
include owners in the investment programme will not be able to proceed as
the Council has only one tenanted property in a block. These properties are
reported as an abeyance each year in our annual return to the SHR. Some
actual but anonymised examples are as follows. 
Example 1 
A Council tenant is in the only Council-owned property in a 4-in-a-block where
private owners have refused to participate in investment works on several
occasions, but where the surrounding Council and mixed-tenure blocks have
received investment works.   
This Council tenant would currently need to remain in this property and apply 
to the Council for rehousing in line with the Council’s Housing Allocation 
Policy but may have no current need to move.   
It is proposed in this situation, where numerous attempts to agree works with
owners have failed, that Council tenants may discuss their housing options
with a view to moving to a property where works are planned, or have been
completed, to ensure that they benefit from the energy efficiency works in line
with other Council tenants – and that the property that they vacate would be
sold.   
Example 2 
A property is clearly in common-sense terms the last Council-owned property
in a block, but the block has a connection to other blocks with some Council
ownership and so the property in question is deemed not to be last in the
block for disposal purposes.  
In circumstances where this has been brought to our attention, the properties
are void and this report requests that the definition of last in the block for this
purpose refers to the properties accessed by the main door or close of the
address and not any wider block described in the title. 
3.6 This report also proposes that the previous minimum number of flats in a
block  (five) be removed so that any flat – including specifically four-in-a-block
flats – could be included in the policy. (A number of two-in-a-block flats have
also previously been sold.)

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3.7 Receipts from the sale of such properties would be used to acquire properties 
that could assist in facilitating investment works in other mixed tenure blocks 
or meet other housing needs by adding to the supply of affordable housing for 
social rent across Renfrewshire. As a consequence, it is anticipated that there
would be no loss to the stock (acquiring additional properties will depend on
their availability and affordability on the market), and overall repairs and
improvements would be easier to  deliver going forward. 
3.8 For the avoidance of doubt, if the changes recommended in this paper were
implemented, it is not proposed that all properties which would become
eligible for disposal as a result would be disposed of immediately – only a
small number would be marketed at any given time, so as not to reduce in any
significant way the Council’s stock of affordable housing. 
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Implications of the Report
1. Financial – any acquisitions would be funded by disposals and grant finance
so there would be no negative effect on the Housing Revenue Account. 
2. HR & Organisational Development – none. 
3. Community/Council Planning  
 Tackling inequality, ensuring opportunities for all – the changes proposed
would allow more tenants to benefit from improvement programmes.
4. Legal – work will be required with respect to acquisitions, disposals,
conveyancing and title changes as necessary. 
5. Property/Assets – none.
6. Information Technology – none. 
7. Equality & Human Rights –
(a) The Recommendations contained within this report have been assessed
in relation to their impact on equalities and human rights. No negative
impacts on equality groups or potential for infringement of individuals’
human rights have been identified arising from the recommendations
contained in the report. If required following implementation, the actual
impact of the recommendations and the mitigating actions will be
reviewed and monitored, and the results of the assessment will be
published on the Council’s website.
8. Health & Safety – none.
9. Procurement – none.
10. Risk – a risk register has been developed for the Housing led Regeneration
and Renewal programme and it includes risks associated with owners’
reluctance or refusal to participate in investment programmes. The change
recommended would mitigate these risks.

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11. Privacy Impact – none. 
12. COSLA Policy Position – none.
13. Climate Risk – the changes proposed would allow more tenants to benefit
from improvement programmes with consequent reductions in carbon
emissions.
_________________________________________________________
List of Background Papers
Report to Housing and Community Safety Policy Board, 13 May 2014, ‘Single
Council Dwellings in Larger Common Blocks’    
Report to Communities, Housing and Planning Policy Board, 20 August 2019,
‘Acquisition of Private Housing’
___________________________________________________________________ 
Author:   Ray Walkinshaw, Housing Regeneration and Development Manager,
ray.walkinshaw@renfrewshire.gov.uk, 07483 146814.