Agenda Document Pack - Housing and Community Safety Committee - 09/09/2025
Moray Council · 9 September 2025
Back to Housing and Community Safety Committee — 9 September 2025 and its agenda
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Housing and Community Safety Committee Tuesday, 09 September 2025 NOTICE IS HEREBY GIVEN that a Meeting of the Housing and Community Safety Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Tuesday, 09 September 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Resolution Consider, and if so decide, adopt the following resolution: "That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 11 and 12 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” 4. Minute of meeting of 24 June 2025 7 - 12 5. Written Questions ** 6. Housing and Property Services Budget Monitoring Report to 30 June 2025 Report by Executive Director for Education, Housing and Communities 13 - 22 7. Consultative Draft Local Housing Strategy 2025-2030 Report by Executive Director for Education, Housing and Communities 23 - 34 Page 1
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8. Rent Arrears Policy Review Report by Executive Director for Education, Housing and Communities 35 - 58 9. Scottish Social Housing Charter Compliance Report by Executive Director for Education, Housing and Communities 59 - 66 10. Moray Home Energy Efficiency Programme Report by Executive Director for Education, Housing and Communities 67 - 74 Item(s) which the Committee may wish to consider with the Press and Public excluded 11. Building Services Budget 2025-26 - Budget Monitoring [Para 9] • 9. Information on terms proposed or to be proposed by or to the Authority; 12. Report on Tender - Speyview Aberlour Phase 2 [Paras 6 and 9] • 6. Information relating to the financial or business affairs of any particular person(s); • 9. Information on terms proposed or to be proposed by or to the Authority; Summary of the Housing and Community Safety Committee functions: To deal with matters relating to Housing/HMOs, Housing Regeneration, Homelessness, Social Inclusion, Equalities, Community Safety, Anti- Social Behaviour (including road accidents) and Community Liaison. Page 2
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Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 3
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 4
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MORAY COUNCIL Housing and Community Safety Committee SEDERUNT Councillor Amber Dunbar (Chair) Councillor Paul McBain (Depute Chair) Councillor James Allan (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor John Divers (Member) Councillor Jérémie Fernandes (Member) Councillor Donald Gatt (Member) Councillor David Gordon (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Marc Macrae (Member) Councillor Shona Morrison (Member) Councillor Derek Ross (Member) Councillor John Stuart (Member) Ms Alison Angus (Non-Voting Member) Ms Beverley Davenport (Non-Voting Member) Ms Elizabeth McKnockiter (Non-Voting Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 5
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MORAY COUNCIL Minute of Meeting of the Housing and Community Safety Committee Tuesday, 24 June 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Neil Cameron, Councillor Tracy Colyer, Ms Beverley Davenport, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Ms Elizabeth McKnockiter, Councillor Shona Morrison, Councillor Derek Ross, Councillor John Stuart APOLOGIES Ms Alison Angus IN ATTENDANCE Depute Chief Executive (Economy, Environment and Finance); Head of Housing and Property Services; Housing Strategy and Development Manager; Housing Services Manager; Lead Public Health Officer, Moray Council; Housing Needs Manager; Senior Housing Officer (Strategy); DLO Manager; Georgina Anderson, Senior Solicitor and Caroline O'Connor, Committee Services Officer. ALSO IN ATTENDANCE Councillor Peter Bloomfield 1. Chair The meeting was chaired by Councillor Amber Dunbar. 2. Commendations The Committee joined the Chair in congratulating two of the Council's apprentice plumbers on their success at the recent Scottish Plumbing Apprentice of the Year competition. On behalf of the Committee, the DLO Manager presented commendation to second year apprentice plumber Sweyn MacAskill and his supervisor Ewen Kennedy for achieving third place in the 2025 Scottish Apprentice of the Year leadwork category. Commendation was also presented to third year plumbing apprentice Frazer Graham and his supervisor Stuart Gauld for achieving first place in the same Scottish Apprentice of the Year leadwork category. 3. Congratulations Item 4. Page 7
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The Committee joined the Chair in congratulating Ms McKnockiter, Tenant Representative on winning the Alan Ferguson Tenant of the Year prize at the recent Tenant Participatory Advisory Service Scotland Conference recognising her inspiration and motivation in her role as chair of the tenant form. 4. Declaration of Group Decisions and Members Interests * In terms of Standing Orders 21 and 23 of the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda. 5. Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 15 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Para Number of the Minute Para Number of Schedule 7a 17 Para 9 Information on terms proposed or to be proposed by or to the Authority. 6. Minute of meeting of 6 May 2025 The minute of the meeting of the Housing and Community Safety Committee dated 6 May 2025 was submitted and approved. 7. Written Questions ** The Committee noted that no written questions had been submitted. 8. Moray Affordable Housing Investment Programme The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing Committee of progress on the Affordable Housing Investment Programme in Moray. In introducing the report, the Housing Strategy and Development Manager apologised for an error in paragraph 8.5 where 2024/25 should read 2025/26. Following consideration the Committee unanimously agreed to:- (i) note the resource planning assumption received from the Scottish Government and its implications for the development programme; (ii) note progress on the Moray Affordable Housing Investment Programme; Page 8
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(iii) note progress on delivery of housing at Bilbohall; and (iv) note progress on the delivery of the Council's new build and acquisition programme. 9. Consultative Draft Local Housing Strategy 2025-2030 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) providing an update on the development of the draft Local Housing Strategy 2025-2030. Following consideration the Committee unanimously agreed to:- (i) note the approach to development of the Local Housing Strategy; (ii) note that the consultative draft Local Housing Strategy will be presented to this Committee on 9 September 2025, for approval prior to public consultation; (iii) approve the revised Scheme of Assistance; and (iv) grant delegated authority to the Head of Housing and Property to procure consultancy/resource to complete a Sheltered Housing Review. 10. Evaluation of the Tenancy Sustainment Fund The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) asking the Committee to consider the evaluation of the Tenancy Sustainment Fund (TSF) which operated during the fiscal year 2023/24, an update on activity in 2024/25 and proposals for ongoing provision. Following consideration the Committee unanimously agreed to:- (i) note the evaluation of the Tenancy Sustainment Fund as detailed in Section 5; (ii) note the reduction in rent arrears achieved during 2024/25 as detailed in paragraphs 5.3 to 5.7; (iii) approve the establishment of a Tenancy Sustainment Fund on an ongoing basis as detailed in paragraph 5.8; (iv) the addition of a further 1.0 FTE Area Housing Officer as detailed in paragraphs 5.6 and 5.10; and (v) delegate authority to the Head of Housing and Property, in consultation with the Chief Financial Officer, to write-off rent arrears balances in exceptional circumstances, where balances are deemed unreasonable to pursue as set out in paragraph 5.11. 11. Place Standard Tool for Community Safety Lens The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing Committee of the Place Standard Tool pilot for Page 9
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community safety, and seeking approval for the recruitment of a temporary member of staff to provide co-ordination support for the pilot scheme. Following consideration the Committee unanimously agreed to:- (i) note the selection of Moray Council for the pilot project for the Place Standard Tool for Community Safety, by Public Health Scotland and the Scottish Community Safety Network; and (ii) approve the funding to recruit a temporary member of staff to provide co- ordination support for the pilot project. 12. Housing and Property Services Budget Report to 31 March 2025 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) to inform Committee on the interim outturn position for the Housing Revenue Account and General Services Housing and Property budgets for the period up to 31 March 2025. Following consideration the Committee unanimously agreed to note the interim outturn for 2024/25 for the period to 31 March 2025, consisting of a surplus balance of £2,250k for the Housing Revenue Account and an underspend of £430k for the General Services Housing and Property budget. 13. Allocations Policy Annual Performance Report 2024-25 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing Committee of the performance of the Council's Allocations Policy during 2024/25. In introducing the report, the Housing Needs Manager provided an update advising the service had undertaken a cleansing exercise relating to the waiting and transfer lists significantly changing the 2024/25 figures in Table 1 of Appendix 1 relating to numbers of applicants on the Housing List at year end. He confirmed the revised figures for 2024/25 are Homeless List - 132; Housing Waiting List - 1898; Transfer List - 543 giving an amended total of 2573 applicants on the housing list at year end. Following consideration the Committee unanimously agreed:- (i) to note the performance identified within the report and detailed within Appendix 1; and (ii) the allocation quotas for 2025/26 detailed at paragraph 5.11 of the report. 14. Performance Report (Housing and Property) - Period to March 2025 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee of the performance of the service for the period to the end of March 2025. Page 10
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Following consideration the Committee unanimously agreed to note performance in areas of Service Planning, Service Performance and other related data to the end of March 2025 and actions being taken to improve performance where required. 15. Housing and Property Services Service Plan 2025-26 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to consider the Housing and Property Services Service Plan for 2025-28. Following consideration the Committee unanimously agreed to approve the Service Plan for Housing and Property Services for the year ahead in Appendix 1. 16. Information Reports - if called in The Committee noted that no Information Reports had been called in. 17. Building Services Budget 2024-25 - Budget Monitoring [Para 9] The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) presenting the draft budget monitoring information for the period to 31 March 2025 for the Building Services Trading Operation. Following consideration the Committee unanimously agreed to:- (i) note the draft financial information for the period to 31 March 2025, as detailed in section 6 and Appendix 1 of the report; and (ii) note Building Services operating performance for the period to 31 March 2025, as set out in section 7 of the report. Page 11
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Report to: Housing and Community Safety Committee Meeting Date: 9 September 2025 Report by: Executive Director for Education, Housing and Communities Report No: HPS050/25 Author: Edward Thomas Contact Email: edward.thomas@moray.gov.uk Subject: Housing and Property Services Budget Monitoring Report to 30 June 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider the budget position for the Housing Revenue Account (HRA) and General Services Housing and Property Budget for the period up to 30 June 2025. 1.2 This report is submitted to Committee in terms of Section III (G) (1) of the Council's Scheme of Administration relating to the management of budgets. 2. SUMMARY 2.1 This report provides an overview of the budget position for the HRA and General Services Housing and Property Budget for the first quarter of the 2025/26 reporting year. 2.2 An overspend of £373k is reported for the HRA and an underspend of £149k for General Services Housing and Property for the period to 30 June 2025. 3. RECOMMENDATION 3.1 It is recommended that Committee: i) scrutinises and notes the budget monitoring report for the period to 30 June 2025. Edward Thomas Head of Housing, Property and Communities Item 6. Page 13
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4. BACKGROUND AND CONTEXT 4.1 Moray Council agreed the HRA Budget for 2024/25 at the meeting on 26 February 2025 (paragraph 4 of the Minute refers). Housing and Property budget monitoring reports are presented quarterly. 5. PROPOSALS Housing Revenue Account to 30 June 2025 5.1 Appendix I details the HRA budget position to 30 June 2025. 5.2 HRA expenditure for the period to 30 June 2025 is as follows: Annual Budget 2025-26 Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £,000 £,000 £,000 £,000 28,838 3,185 3,392 (207) 5.3 HRA income for the period to 30 June 2025 is as follows: HRA Income 2025-26 Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £,000 £,000 £,000 £,000 28,838 7,670 7,504 (166) 5.4 The overall position for the HRA is an overspend of £373k for the period to 30 June 2025, comprised of £207k higher than budgeted expenditure and £166k lower than budgeted income. The detail of these variances is set out below. HRA Expenditure 2025/26 Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £,000 £,000 £,000 Supervision & Management 1,367 1,275 92 Sheltered Housing 15 9 6 Repairs & Maintenance 1,683 2,066 (383) Bad & Doubtful Debts 25 18 7 Downsizing Incentive Scheme 18 15 3 Service Development 77 9 68 Total Expenditure 3,185 3,392 (207) 5.5 Supervision and management – there are a range of variations within this budget resulting in a net underspend of £92k. The main underspends were in relation to Staffing (£124k), arising from the budgeted pay award provision not yet being required and the level of vacancies. There were also underspends in software costs (£5k), training (£5k) and other Page 14
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minor underspends (£2k). The underspends were partially offset by an overspend of £44k in void costs, arising from higher costs per property. 5.6 Sheltered Housing – there was an overspend of £6k arising from lower than budgeted energy costs (£8k), partially offset by an overspend in minor cumulative elements of expenditure (£2k). 5.7 Repairs and maintenance – there was an overspend of £383k in the repairs and maintenance budget, which comprised of £622k in additional planned/cyclical expenditure and £55k in void costs. This is largely attributable to £330k in roof and fabric works and £291k in electrical upgrades. Whilst these elements have been coded as revenue expenditure in the first instance, a proportion of these costs will subsequently be coded as capital investment, given the nature of the work. These overspends were partially offset by an underspend of £294k in response repairs, arising from lower levels of activity. 5.8 Bad and doubtful debts – there was an underspend of £7k, arising from lower than anticipated write-offs. 5.9 Downsizing Incentive Scheme – there was an underspend of £3k arising from slightly lower uptake. 5.10 Service Developments – there was an underspend of £68k, with a number of proposals approved by committee in June 2025 progressing in later periods following recruitment and other processes. 5.11 HRA income for the period to 30 June 2025 is as follows: HRA Income 2025/26 Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £,000 £,000 £,000 Non-dwelling rents 88 90 2 House Rents 7,537 7,317 (220) Other Income 45 97 52 Total Income 7,670 7,504 (166) 5.12 The income at 31 March 2025 was £166k lower than expected. This arises from £220k less in rental income, attributable to a higher number of tenancies retaining the EPC discount, pending completion of energy improvement works. Other income is £52k higher than budgeted, with £28k derived from the grass cutting scheme and £24k in rechargeable repairs. General Services Housing and Property to 30 June 2025 5.13 Appendix II provides details of the budget position to 30 June 2025. 5.14 General Services Housing and Property expenditure for the period to 30 June 2025 is as follows: Page 15
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Annual Budget Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £4,069k £588k £439k £149k 5.15 The overall position for General Services Housing and Property is an underspend of £149k for the period to 30 June 2025. The detail of these variances is set out below. Service Description Budget to 30/06/2025 Actual to 30/06/2025 Variance to 30/06/2025 £,000 £,000 £,000 Planning & Development 45 29 16 Housing Management 11 11 0 Homelessness / Allocations 446 400 46 Miscellaneous General Services Housing 29 19 10 Building Services (74) (74) - Property Services 131 54 77 Total Expenditure 588 439 149 5.16 Planning and Development - consists of Improvement Grants and Affordable Housing budgets, including disabled adaptations. The position at 30 June 2025 shows an underspend of £16k, arising from the timing of general capital grant income – this will be reprofiled in Quarter 2 of the reporting year. 5.17 Housing Management - relates to the Gypsy/Traveller budget. There is no variance in the period to 30 June 2025. 5.18 Homelessness/Allocations - comprises of Homelessness and Housing Support services. There was an underspend of £46k in this budget, comprised of underspends in Temporary Accommodation (£46k) arising from additional income from revised charges, and other minor cumulative underspends (£5k), partially offset by an overspend of £5k in Housing Support. This continues to represent a significant improvement on the longstanding deficit in temporary accommodation prior to the increase in service charges in 2024/25. 5.19 Miscellaneous General Services Housing – comprises various small budgets for which there is currently a £10k underspend arising from lower repairs and higher rental income. 5.20 The Building Services Budget - is reported in detail separately on this Committee’s agenda and any surplus achieved or deficit will be returned to the HRA. 5.21 The Property Services Budget - includes the budgets for the Design Team and Property Resources. There is an overall underspend of £77k to date. Within the Design Team there was an overspend of £97k, predominantly arising from lower income from fees within the period (£96k), which is being monitored and may be subject to revision when capital Page 16
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recharges are apportioned. Property Asset Management has a £174k underspend, the largest components of which arise from higher income from the industrial portfolio (£118k), energy efficiency payments (£28k) and lower expenditure on corporate and schools repair and maintenance (£21k). 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy. ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population. 6.3 Policy and Legal There are no policy or legal implications arising from this report. 6.4 Financial The financial implications of this report are considered in Section 5 of this report and detailed in Appendices I and II. Page 17
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One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Budget Managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from the Committee in line with Financial Regulations. 6.6 Staffing There are no staffing implications arising from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising from this report. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no information communications/technology/digital implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities/socio economic impacts arising from this report. 6.11 Climate Change and Biodiversity Impacts There are no climate change/biodiversity impacts arising from this report. 7. CONSULTATION 7.1 This report has been prepared in close consultation with Finance colleagues. Consultation on this report has been carried out with the Chief Financial Officer, G. Anderson (Senior Solicitor), Senior Managers within Housing and Property Services and L. Rowan (Committee Services Officer), with feedback incorporated into the report as relevant. 8. BACKGROUND PAPERS 8.1 HRA Budget Report 26 February 2025: Housing Revenue Account Annual Budget 2025-26 Page 18
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Housing Revenue Account Annual Budget 2025-26 - Appendix I Housing Revenue Account Annual Budget 2025-26 - Appendix II Housing Revenue Account Annual Budget 2025-26 - Appendix III H&PS Budget Report 24 June 2025: Housing and Property Budget Report to 31 March 2025 Page 19
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Housing Revenue Account Appendix I Budget Monitoring to 30th June 2025 Service Description Annual Budget 2025-26 Budget to 30th June 2025 Actual to 30th June 2025 Variance to 30th June 2025 Expenditure £,000 £,000 £,000 £,000 Supervision & Management 6,455 1,367 1,275 92 Sheltered Housing 66 15 9 6 Repairs and Maintenance 10,183 1,683 2,066 (383) Financing Costs 8,413 0 0 0 Bad & Doubtful Debts 250 25 18 7 CFCR 3,089 0 0 0 Downsizing Incentive Scheme 72 18 15 3 Service Development 310 77 9 68 Total Gross Expenditure 28,838 3,185 3,392 (207) Income £,000 £,000 £,000 £,000 Non-dwelling rents 275 88 90 2 House rents 28,034 7,537 7,317 (220) IORB 350 0 0 0 Other income 179 45 97 52 Total Income 28,838 7,670 7,504 (166) Surplus / (Deficit) for the year 0 4,485 4,112 (373) Accumulated Surplus Balance brought forward 2,233 Estimated Surplus Balance at 31st March 2,250 Page 20
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General Services Housing & Property Appendix II Monitoring to 30th June 2025 Annual Budget Actual & committed Variance Service Description Budget to to at 2025-26 30th June 2025 30th June 2025 30th June 2025 £'000 £'000 £'000 £'000 Planning & Development 233 45 29 16 Housing Management 16 11 11 0 Homelessness / Allocations 1876 446 400 46 Miscellaneous General Services Housing 86 29 19 10 Building Services 0 (74) (74) 0 Property Services 2259 131 54 77 General Services Housing & Property Savings (240) 0 0 0 General Services Housing & Property Allocations (161) 0 0 0 General Services Housing & Property Total 4069 588 439 149 Page 21
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Report to: Housing and Community Safety Committee Meeting Date: 9 September 2025 Report by: Executive Director for Education, Housing and Communities Report No: HPS047/25 Author: Fiona Geddes Contact Email: housingstrategy@moray.gov.uk Subject: Consultative Draft Local Housing Strategy 2025-2030 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to seek approval of the consultative draft Local Housing Strategy (LHS) 2025-2030 and consent to begin public consultation. 1.2 This report is submitted to Committee in terms of Section G (11) of the Council's Scheme of Administration relating to the formulation and implementation of the Council’s strategic Housing Plan. 2. SUMMARY 2.1 The report provides a summary of the progress made in the development of the Local Housing Strategy 2025-2030. 3. RECOMMENDATIONS – 3.1 It is recommended that Committee: i) approves the consultative draft LHS for public consultation; ii) comments on the draft LHS Integrated Impact Assessment available at APPENDIX I; iii) agrees to a period of public consultation on the consultative draft LHS from 10 September to 7 November 2025; and iv) notes that the final LHS will be presented to the Committee on 12 March 2026 for agreement, prior to publication. Fiona Geddes Service Manager, Housing Strategy Item 7. Page 23
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4. BACKGROUND AND CONTEXT 4.1 The Housing (Scotland) Act 2001 requires local authorities to produce a Local Housing Strategy (LHS) supported by an assessment of housing need and demand. 4.2 On 13 Feb 2024, this Committee was advised of the “robust and credible” status of the Housing Need and Demand Assessment 2023 (HNDA) (para 6 of the Minute refers). 4.3 On 24 June 2025, this Committee considered a report on the development of the LHS 2025-2030 (para 9 of the draft minute refers). 4.4 The consultative draft is being developed in accordance with Scottish Government Guidance published in 2019. 5. LHS DEVELOPMENT 5.1 The LHS will set out how the Council and its partners intend to alleviate housing need, address homelessness and improve the whole housing system. The LHS actions range from building more new affordable houses of the right type and in the right location, to reducing fuel poverty, improving the condition of housing and alleviating homelessness. 5.2 The LHS has been in development since July 2024. It has been developed using a collaborative co-production approach between partners, consultation with stakeholders and the public, and is underpinned by the findings of the HNDA 2023. Arneil Johnston have facilitated the consultation activities. 5.3 The development of the LHS is overseen by the multi-agency Housing Market Partnership, supported by Arneil Johnston. This group includes representatives from the relevant Council Services and other agencies e.g. Planning, Health and Social Care Moray, NHS Grampian, Registered Social Landlords), Scottish Government enterprise companies, private sector representative bodies and Third Sector Representatives. The Housing Market Partnership has been key to LHS development. 5.4 The consultative draft LHS vision is “In Moray everyone has access to the right home, in the right place at the right time”. To achieve this vision and tackle the main priorities for action identified by local residents, partners and stakeholders, the following four LHS priorities have been defined: Priority 1: Building more homes creates sustainable communities and enables economic growth. Priority 2: Making better use of existing homes prevents homelessness and improves housing options and choice. Priority 3: Partnership working maximises housing’s role in improving health and wellbeing. Priority 4: Improving property condition and achieving affordable warmth is enabled in all homes. 5.5 A draft LHS Integrated Impact Assessment (IIA) has been prepared, using the HNDA 2023 as its evidence base. The draft LHS IIA is available at APPENDIX I. Page 24
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5.6 Public consultation arrangements The consultative draft LHS and associated Action Plan are available on the Council’s website at www.moray.gov.uk/housingstrategies. A period of public consultation is proposed, from 10 September to 7 November 2025. Officers propose the use of the Council’s new Engage system, web-based surveys and the Council’s social media as the primary means of interaction with the general public. Officers propose that the web- based survey takes the form of a series of questions seeking approval ratings on the actions proposed in the draft LHS, with the facility to provide text/comments. 5.7 Finalising the LHS The final draft of the LHS will be presented to this Committee on 12 March 2026 for approval prior to publication. The report in March will present the results of the public consultation. 5.8 The LHS will set out how the Council and its partners intend to alleviate housing need, address homelessness and improve the whole housing system. The LHS actions range from building more new affordable houses of the right type and in the right location, to reducing fuel poverty, improving the condition of housing and alleviating homelessness. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. Page 25
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b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy. ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population. 6.3 Policy and Legal It is a requirement of the 2001 Housing (Scotland) Act that local authorities have a Local Housing Strategy. Detailed guidance has been produced by the Scottish Government. 6.4 Financial There are no implications arising directly from this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk There are no implications arising directly from this report. 6.6 Staffing There are no implications arising directly from this report. 6.7 Best Value and Transformation There are no implications arising directly from this report. 6.8 Property There are no implications arising directly from this report. 6.9 Information Communications/Technology/Digital There are no implications arising directly from this report. 6.10 Equalities, Social Inclusion and Economic Impact It is a statutory requirement that equality issues should be addressed in the LHS. The LHS includes strong themes on economic disadvantage and inequality. Data and evidence about the specialist housing and support needs of equalities groups has been gathered as part of the Council’s Housing Need and Demand Assessment 2023. The consultative draft LHS sets out how the Council intends to address these needs. A draft Integrated Impact Page 26
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Assessment is available at APPENDIX I, which will form part of the public consultation. Equality groups will be included in the LHS consultation. 6.11 Climate Change and Biodiversity Impacts The aims of the Local Housing Strategy are closely aligned to the Council’s Climate Change Strategy, and Local Heat and Energy Efficiency Strategy (LHEES). 7. CONSULTATION 7.1 This report has been prepared in consultation with the Executive Director for Education, Housing and Communities, the Head of Housing, Property and Communities, the Acting Head of Growth, Planning and Climate (Chief Planning Officer), the Service Manager, Strategic Planning and Development, G. Anderson (Legal Services Senior Solicitor), the Chief Social Work Officer, Chief Officer MIJB, the Service Manager, Property, Estates and Assets, the Housing Operations Manager, the Service Manager, Housing Needs, the Chief Financial Officer, the Equal Opportunities Officer and L. Rowan (Committee Services Officer). 8. BACKGROUND PAPERS 8.1 Held by author. Document.ashx Page 27
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APPENDIX I Page 6 of 12 INTEGRATED IMPACT ASSESSMENT (IIA) This assessment covers: • Equalities & Socio-Economic Duties • Human Rights & Rights of the Child (UNCRC) EXECUTIVE SUMMARY DATE DD/MM/YY UPDATE(S) - Add section(s) revised & brief note of revision. Refer IIA Guidance. E.g. - First draft IIA for consideration at XXX Committee/Board on DD/MM/YY E.g. – Q.7 Revised with outcome of public consultation and results SHAREPOINT VERSION DETAILS ADDED BY CMT 16/07/25 1st draft IIA for consideration at Housing & Community Safety Committee 9 September 2025 Name of proposal (Note - proposal covers any strategy, plan, policy, project, budget saving, change to service): Local Housing Strategy 2025-2030 Is this a: Please Tick √ New strategy, policy, project, plan, service? Change to an existing strategy, policy, project, plan, service? ✓ Budget proposal? STAGE 1 SCREENING - DO I NEED AN IIA? If ‘Yes’ or ‘Maybe’ please go to Stage 2 and complete full IIA If all No, sign off IIA Does the proposal impact(s) any of the following: Yes Maybe No Positive Negative Positive Negative Equalities – any positive or negative impact(s) to people from protected characteristic group(s) ✓ ✓ Socio-economic disadvantage – low / no income / wealth or deprivation ✓ Human Rights of individuals ✓ Rights of Children or Young People ✓ Reasoning – Please briefly describe the reasons you have ticked the above boxes i.e. why it will/may affect these groups positively or negatively. The Local Housing Strategy (LHS) 2025 – 2030 aims to address inequalities in housing by improving access to housing across all tenure, supporting vulnerable households and those with specialist housing needs. Its role is to support households who may be at a disadvantage to ensure they have access to suitable housing options that are affordable to them. This LHS has been designed with the aim of reducing socio-economic disadvantage and mitigate any potential impact on human rights or the rights of children. The Scottish Government has published guidance to help local authorities develop their LHS. The guidance requires equality issues to be mainstreamed throughout the LHS. Lead Officer Signature Date Others involved in initial screening Page 28
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APPENDIX I Page 7 of 12 STAGE 2 – FULL IIA Brief description of the proposal 1. Please describe what the proposal is. The Housing (Scotland) Act 2001 requires all local authorities to publish a Local Housing Strategy (LHS). The LHS is a planning tool which sets out the actions the Council and its partners will take to seek to achieve its aim. The LHS’s vision, as stated in the consultative draft LHS 2025-30 is: “In Moray everyone has access to the right home, in the right place at the right time.” To achieve this vision and tackle the main priorities for action identified by local residents, partners and stakeholders, the following four LHS priorities have been defined: 1. Building more homes creates sustainable communities and enables economic growth 2. Making better use of existing homes prevents homelessness and improves housing options and choice 3. Partnership working maximises housing’s role in improving health and wellbeing 4. Improving property condition and achieving affordable warmth is enabled in all homes 2. Who are the main stakeholders? The LHS is developed in conjunction with the Local Development Plan. Both strategic documents have extensive public and stakeholder consultation as an intrinsic part of their development. The LHS also uses the Housing Need and Demand Assessment (HNDA) as a key evidence base, the development of which also includes extensive stakeholder consultation. Main stakeholders include: • Moray households in housing need and homeless. • Moray Council tenants and Housing Association tenants in housing need. • Older and disabled people in housing need. • Households experiencing fuel poverty. • Households living in poor housing conditions. • A wide range of housing professionals and partner organisations who have an interest in housing and housing related pressures/issues such as the Scottish Government, social housing providers, Integration Joint Board/Health and Social Care, NHS, employers and housing developers. 3. What changes as a result of the proposals? Is the service reduced or removed? There is no reduction or removal of existing services. 4. How will the proposal affect your customers? The strategy aims to ensure housing need is met within the agreed priorities. 5. What impact will the proposal have on staff providing the service? No change to resources, the strategy is delivered within existing budgets. 6. IMPACTS EQUALITIES AND SOCIO-ECONOMIC DUTIES - Please √ any impact to each group Protected Groups – Click here for info Negative Positive Considerations Age (include children, young people, midlife and older people) ✓ • Responds to the needs of Moray’s ageing population by prioritising housing solutions and adaptations to make sure homes are suitable to Page 29
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APPENDIX I Page 8 of 12 6. IMPACTS EQUALITIES AND SOCIO-ECONOMIC DUTIES - Please √ any impact to each group Protected Groups – Click here for info Negative Positive Considerations the needs of older people and support independent living. • Recognises the need for intergenerational housing solutions • Supports initiatives that stimulate turnover or encourage households to move from properties which do not meet their needs e.g. through an incentive scheme to release larger family homes. Carers (for elderly, disabled or minors) ✓ No specific impacts identified but accessible housing delivery considers the needs of households with carers and those who may need carers in the future. Disability ✓ Supports the delivery of accessible and specialist housing as well as investment in aids, adaptations and technology-enabled care for independent living. Gender reassignment No specific impacts identified. Marriage and civil partnership No specific impacts identified. Pregnancy and maternity (including breastfeeding) ✓ Supports those experiencing overcrowding and aims to prevent homelessness or provide appropriate temporary accommodation to families if needed. Race ✓ Moray lacks authorised halting sites for Gypsy/Travellers and Travelling Show People. Unauthorised Encampment Protocol respects their cultural identity and affirming their cultural identity and right to a travelling lifestyle. Religion and / or belief No specific impacts identified. Sex ✓ Supports those experiencing domestic abuse through housing and support. Sexual orientation No specific impacts identified. Inequalities arising from socio- economic disadvantage ✓ • Tackles fuel poverty, housing affordability, and child poverty to support low-income households. • Supports low-income households through affordable housing and energy efficiency measures. Page 30
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APPENDIX I Page 9 of 12 HUMAN RIGHTS If applicable, briefly state if / how right is engaged Article 5 Right to liberty and security Prevents homelessness and supports independent living. Reduces risks of institutionalisation or detention due to lack of housing. Article 6 Right to a fair trial N/A Article 8 Respect for private / family life, home and correspondence The LHS supports this right by: • Preventing homelessness. • Enabling people to remain in their homes through adaptations and support. • Addressing overcrowding and under- occupation. • Supporting Gypsy/Traveller and Travelling Show Peoples’ right to maintain their cultural way of life. Article 10 Freedom of expression The LHS promotes community engagement and consultation, allowing individuals and groups to express views on housing needs and policies. Article 11 Freedom of assembly and association The LHS supports community-led housing and local place planning, which may facilitate collective action and association. Article 12 Right to marry N/A Article 14 Protection from discrimination in respect of these rights The LHS eliminates discrimination when accessing housing and outcomes for protected groups. Protocol 1, Article 1- Right to peaceful enjoyment of property The LHS protects property rights by: • Supporting homeowners with repairs and adaptations. • Encouraging responsible private renting. • Preventing unlawful eviction through homelessness prevention. Protocol 1, Article 2 - Right to education N/A Protocol 1, Article 3 - Right to free elections by secret ballot N/A RIGHTS OF CHILDREN & YOUNG PEOPLE (UNCRC) If applicable, briefly state if / how right is engaged Article 2 – Non discrimination The LHS includes a strong commitment to equality and inclusion. It addresses housing inequalities that affect children from low-income families, minority ethnic backgrounds, and those with disabilities. The strategy also recognises the needs of the children of the Gypsy/Traveller and Travelling Show People community, affirming their cultural identity and right to a travelling lifestyle. Page 31
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APPENDIX I Page 10 of 12 RIGHTS OF CHILDREN & YOUNG PEOPLE (UNCRC) If applicable, briefly state if / how right is engaged Article 3 – Best Interest of a Child The LHS prioritises safe, stable, and suitable housing for families, which is essential for children’s wellbeing. It supports homelessness prevention, reducing the risk of children experiencing housing instability or living in temporary accommodation. The LHS also promotes child-friendly communities through local place planning and access to services. Article 6 – Right to life, survival and development The LHS contributes to children’s development by: • Tackling child poverty through affordable housing. • Improving housing conditions to reduce health risks (e.g. damp, overcrowding). • Supporting energy efficiency and affordable warmth, which are critical for children’s health and development. Article 12 – Respect the views of the child While the LHS includes broad community consultation, it does not include the views of children. Article 23 – Children with a disability The LHS allows provision for meeting housing need of disabled children. 7. Evidence - Please list the information you have used to make your assessment to date? Performance data Statutory indicators within Scottish Government Returns and the Annual Return on the Charter. Internal consultation Will take place formally as part of the Committee process but there has been extensive consultation within housing and other council representation prior to the development of the draft strategy. Consultation with affected groups • Extensive research and consultation carried out as part of 2023 HNDA detailed at: www.moray.gov.uk/hnda. This included a primary research survey with 911 responses and a separate assessment on the needs of Gypsy/Travellers and Travelling Show People. • LHS early engagement survey completed by 360 residents and community representatives to identify the current circumstances, future intentions and housing aspirations of Moray households and confirm the earlier findings of the HNDA. • Multi-agency steering group formed to provide a governance framework for the development and implementation of the LHS. Representatives include partners from Moray Council, (Housing, Planning, Homelessness, Private Sector and LHEES teams), Registered Social Landlords and HSCP partners. Page 32
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APPENDIX I Page 11 of 12 • Stakeholder conference on 20 March 2025 (online) with over 50 partners and stakeholders attended the event, including representatives from public, private, third and community sectors. • Four half-day workshop sessions were held to systematically appraise LHS options against pre- determined criteria with subject matter experts to formulate action plan. • Draft strategy to be presented to Housing and Community Safety Committee for consideration and approval to commence formal consultation with the public and undergo peer review from both the Scottish Government and another local authority. Local statistics • Primary and secondary research gathered for the 2023 HNDA and LHS • Primary research from LHS early engagement survey. • Data collated internally, and through other Council departments. National statistics Existing published sources e.g. NRS population/household estimates, Scottish Government datasets. Other • Scottish Government local housing strategy guidance (2019). • National strategies such as Housing to 2040. • Local authority strategies such as the Moray Local Outcomes Improvement plan (LOIP). • Departmental strategies such as the Local Development Plan (LDP) and Local Heat and Energy Efficiency Strategy (LHEES) • Local housing strategies of other local authorities. 8. Evidence gaps - Do you need any additional information to complete Q7 Evidence above? No 9. Mitigating action(s) - Can the impact(s) identified above be lessened in any way? Please explain Mitigations for identified potential impacts include: • No authorised halting site for Gypsy/Travellers and Travelling Show People in Moray - The Housing Service currently follow an Unauthorised Encampment Protocol to ensure the provision of waste facilities, serviced toilets as well as housing advice and signposting where applicable to respect their culture. The Moray Local Development Plan provides a critical mechanism for addressing the long-standing shortfall in sites for the Gypsy/Traveller and Travelling Show People community. Preparatory work for the new Local Development Plan (Planning) will include consideration of the lack of authorised sites, dependent on the level of engagement that can be sought with the Gypsy/Traveller and Travelling Show People community. 10. Justification - If there are no mitigating action(s) identified that can lessen the negative impacts, please explain any justification(s) that may allow the proposal to go ahead? Please delete as appropriate* The LHS supports equality, diversity and inclusion in every aspect that is within the Housing Services’ control. Page 33
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APPENDIX I Page 12 of 12 STAGE 3 – IMPACT SUMMARY Please Tick (√) Some potential negative impacts have been identified in terms of the Council’s Public Sector Equality Duty (PSED) in relation to: • Reducing discrimination, harassment, victimisation ✓ • Promoting equality of opportunity ✓ • Fostering good relations ✓ The proposals interfere with Human Rights and / or the Rights of the Child Negative impacts can be mitigated as per Q9 ✓ Negative impacts cannot be fully mitigated but are justified as per Q10 Negative impacts cannot be fully mitigated or justified as per Qs 9 &10 Further consultation with affected groups is needed It is advised not to go ahead with the proposals FINAL DECISION – Please set out the rationale for deciding to proceed with the proposal or not. Date of Final Decision FINAL SIGN OFF AND AUTHORISATION Service Education, Housing & Communities Department Housing, Property & Communities IIA Completed By Name Daska Murray Position Senior Housing Officer (Strategy) Date 16.07.25 Head of Service Authorisation Name Edward Thomas, Head of Housing, Property & Communities Date Permission to Publish IIA Please return the completed IIA to equalities@moray.gov.uk Page 34
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Report to: Housing and Community Safety Committee Meeting Date: 9 September 2025 Report by: Executive Director for Education, Housing and Communities Report No: HPS033/25 Author: Emma Armit Contact Email: Housing.Policy@moray.gov.uk Subject: Rent Arrears Policy Review 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the contents of the Council’s draft Rent Recovery Policy and approve it to progress for public consultation. 1.2 This report is submitted to Housing & Community Safety Committee in terms of Section III (G) (1c) of the Council’s Scheme of Administration relating to Capital and Revenue budgeting and long-term financial planning in the discharge of the Council's Housing function to deal with levy, collection, payment and recovery of Council house rents. 2. SUMMARY 2.1 This report presents a review of the Councils previously named Rent Arrears Policy in line with wider legislative and guidance changes, updates welfare reform considerations and some minor changes throughout. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) considers and approves the revised draft Rent Recovery Policy as set out in APPENDIX I; ii) agrees that a consultation exercise on the revised Rent Recovery Policy is undertaken, as set out in Section 5 below; and iii) notes that an update report, detailing the consultation findings and providing a final revised policy for approval, will be presented to this Committee in November 2025. Item 8. Page 35
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Emma Armit Senior Housing Officer (Policy) 4. BACKGROUND AND CONTEXT 4.1 On 6 October 2004, the Community Services Committee approved the Council’s Rent Arrears Policy (para 10 of the Minute refers). The Communities Committee approved further changes to the current Rent Arrears Policy on October 2013 (para 11 of the Minute refers). This followed the introduction of pre-action requirement protocols which afforded tenants further protection before facing rent arrears eviction under the Housing (Scotland) Act 2010. The Welfare Reform Act 2012 also introduced additional supportive requirements in relation to the under-occupancy charge and Universal credit at that time. 4.2 The policy was due for review in 2015. This had not been undertaken due to limited staff resources, internal change management plans and prioritisation of workloads to meet service requirements. 4.3 On 12 February 2025 the Audit and Scrutiny Committee considered the Internal Audit review report on Housing Rents Collection and Arrears Management (para 9 of the Minute refers). This identified that the Housing Service has “well established practices in place in administering housing rent accounts and accounting for monies collected, with strong audit trails seen in evidencing actions taken in the continual cycle of monitoring and pursuing rent arrears.” The audit acknowledged that although the Rent Arrears Policy is still relevant and that Moray has continued to perform well when compared to national averages and other local authorities, it recommended that the Rent Arrears Policy should be reviewed and if necessary updated along with any supporting operational procedures to ensure consistency. Interim deadlines in the report have been achieved and an overall deadline of 31 December 2025 was agreed with the Head of Housing, Property and Communities and the Housing Operations Manager with a follow-up exercise scheduled for early 2026 to assess the progress made. 4.4 On 13 February 2024, this Committee approved the Tenancy Sustainment Fund (TSF) to assist vulnerable Council tenants who are facing financial hardship due to the cost-of- living crisis (Para 7 of the Minute refers). The TSF aims to support tenancy sustainment and prevent homelessness by offering financial assistance where full repayment of arrears is considered as uneconomic or inappropriate due to financial hardship. The TSF may be used in cases where small arrears balances exist but which are not proportionate to the resource and cost incurred to recover the debt. Tenants must meet an eligibility criteria with cases being assessed on their individual merits. A report on the Evaluation of the Tenancy Sustainment Fund 23/24 was presented to this Committee on 24 June 2025 (para 10 of the Minute refers). The Committee approved the following which has been incorporated into the policy review: • an ongoing tenancy sustainment fund with £60k allocated from the HRA Service Development budget for 2025/26; • a 1.0 FTE Area Housing Officer dedicated to intensive rent arrears management in high arrears cases/areas; and • delegated authority to the Head of Housing and Property, in consultation with the Chief Financial Officer, to write-off rent arrears balances in exceptional circumstances. Page 36
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4.5 The principal aims of the Policy are to prevent rental debt from the outset where possible and minimise levels of rent arrears in an effective and sensitive manner to help tenants sustain their tenancies while preventing homelessness. This can only be achieved through the use of timely, effective communication in relation to prevention, early intervention and targeted support. 5. PROPOSALS 5.1 Key Changes The revised Policy (APPENDIX I) continues to encourage a firm, fair, consistent approach towards rent arrears management while continuing to support tenants wherever possible. The key changes proposed to the policy are: • Change of title from Rent Arrears Policy to Rent Recovery Policy to better reflect the prevention and early intervention work that takes place prior to any accrual of rental arrears; • Inclusion of the regulatory requirements set out in the Scottish Social Housing Charter Outcomes that Moray Council as a social landlord is required to meet at Section 4 of the draft policy; • Updated legislative framework provisions which detail the statutory pre-action requirements the Council must adhere to prior to seeking any eviction action, at Sections 4 and 11 of the draft policy; • Enhanced equality, rights and socio-economic considerations and commitments through the introduction of a tenancy sustainment fund to support cases of real hardship and the inclusion of further considerations of the impact of debt on children and other vulnerable tenants or household members, at Section 5 of the draft policy; • Updated Welfare Reform and Universal Credit considerations and mitigations at Section 12 of the draft policy; • Updated performance monitoring commitments at Section 18 of the draft policy. 5.2 Review Group A Rent Recovery Review Group comprising of officers and managers from the Housing Service has been established. It will meet periodically over the remainder of 2025 to review the operational procedures that support the Rent Recovery Policy in relation to current and former tenant’s arrears, repayment agreements and progression to enforcement and legal action while addressing the audit report findings in terms of recording and review of communications. The procedures aim to ensure that Housing staff involved in the management of rent recovery and arrears meet statutory and legislative requirements, apply good practice and strengthen consistency of approach. Page 37
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5.3 Draft Rent Recovery Policy Consultation Section 54 of the Housing (Scotland) Act 2001 and the Scottish Social Housing Charter places a legal obligation on the Council, as a social landlord, to consult with tenants and relevant stakeholders, providing the opportunity to give their feedback. A consultation exercise on the revised Rent Recovery Policy will involve: • publication of the revised Rent Recovery Policy on the Council website along with an easy read version of the policy and summary of the changes; • an electronic survey published via the Council’s website and social media platforms; • contacting relevant stakeholders for feedback, including Moray Council tenants and former tenants, Register of Interested Tenants and Moray Tenant’s Forum. 5.4 Subject to Committee approval it is proposed that a six-week consultation be undertaken from 10 September 2025 to 22 October 2025 using the Housing and Property Hub section of the new Moray Engage portal, with consultation feedback informing the final policy development process. 5.5 Future Actions Following analysis and consideration of the consultation feedback, a further report incorporating the outcome of the consultation process and any resulting changes made to the draft policy, will be presented to this Committee on 18 November 2025 for approval. 5.6 Subject to Committee’s approval in November 2025, an implementation plan will be developed to support an implementation date of 1 April 2026. This will include, informing tenants of any changes, arrangements for implementing the revised policy and operational procedures, any necessary changes and / or testing to the NEC housing system to facilitate the implementation, staff training and awareness of the revisions and a review of all relevant tenant information resources. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ Policy and Legal ✓ Financial ✓ Risk ✓ Staffing X Best Value and Transformation ✓ Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact ✓ Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 38
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Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy. ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population. 6.3 Policy and Legal The changes proposed are consistent with current legislation as detailed in Section 4 of the revised policy at APPENDIX I. The revised policy enables the Council to ensure appropriate oversight and governance in relation to rental recovery, the progression of legal action(s) and / or financial write-offs in an efficient and proportionate manner which are in line with legal and regulatory requirements. 6.4 Financial The Policy is an important element of the Housing Service’s ability to maximise the HRA through rental income, which in turn supports future investment programmes. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Potential risks associated with welfare reform and universal credit housing element, along with the relevant mitigations, are set out in Section 12 of the revised policy at APPENDIX I. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation Page 39
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The policy ensures best value in terms of maximising rental income. 6.8 Property There are none arising from this report. 6.9 Information Communications/Technology/Digital There are none arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact An IIA has been developed as part of the policy review and potential negative impacts identified can be mitigated. The IIA is attached at APPENDIX II. 6.11 Climate Change and Biodiversity Impacts There are none arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of Housing, Property and Communities, Chief Financial Officer, Service Manager, Legal Services, Service Manager, Housing Operations, Service Manager, Democratic Services, the Equal Opportunities Officer and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Audit & Scrutiny Committee - 12 February 2025 - Final Internal Audit Review Report on Housing Rents Collection and Arrears Management and APPENDIX I Housing & Community Safety Committee - 24 June 2025 - Report on the Evaluation of the Tenancy Sustainment Fund 23/24 Page 40
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APPENDIX I Rent Recovery Policy Current and Former Tenant Arrears Author Housing and Property Services – Policy Team Date Approved Housing and Community Safety Committee, 18 November 2025 for implementation on 1 April 2026. Policy History Approved - Community Service Committee, 6 October 2004 Revisions Approved - Communities Committee, 22 October 2013 Date of next review 2029 or earlier if required by legislative or guidance changes Index 1. Scope of Rent Recovery Policy 2. Strategic Context 3. Aim, principles and objectives of Rent Recovery Policy 4. Legislative framework and regulatory requirements 5. Equalities, rights and socio-economic requirements 6. Confidentiality and data protection 7. Tenants’ Responsibilities 8. Rent Arrears Recovery 9. Prevention and early intervention 10. Signposting 11. Pre-action requirements (PARs) 12. Welfare Reform and Universal Credit 13. Enforcement action 14. Repayment agreements 15. Legal action 16. Former Tenant Arrears (Tenancy, Garages and Garage Sites) 17. Review and Complaints Process 18. Performance monitoring 19. Review of the Rent Recovery Policy Page 41
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APPENDIX I 1. Scope of Rent Recovery Policy 1.1 The Rent Recovery Policy sets out the framework for how Moray Council commits to delivering sustainable tenancies and preventing homelessness through the effective management of rent arrears. 1.2 The Council recognises that prevention, early intervention, support, and a holistic, person-centred approach are key to reducing arrears and sustaining tenancies while supporting financially vulnerable households. 1.3 The term ‘rent arrears’ applies to both rent and service charges. For the purposes of this policy, the recovery of rent arrears: • applies to property owned or managed by the Housing and Property Service that is subject to a Scottish Secure tenancy (including short secure tenancies); • will be against the ‘tenant' meaning any sole and joint tenant(s) are jointly and severally liable; and • will cover both current and former tenant arrears. 1.4 Other leases (such as garage, garage sites and other occupancy / homeless leases) and any associated rental debt will follow different staged rent recovery processes as per the relevant lease. Where attempts to recover garages, garage sites, leases, occupancy agreements rent arrears fail, the Council will take action to terminate the lease and legally recover the garage or garage site, with assistance from Legal Services where necessary. 1.5 The Housing Service’s Rent Recovery Policy, supplements the Rent Setting Policy, Temporary Accommodation Charging Policy and Housing Reserves Policy while supporting and complying with the Moray Council's Financial Regulations for the proper administration of the Council's financial affairs, which includes the Housing Revenue Account (HRA). 1.6 In exceptional circumstances, where the debt is uneconomical to pursue, inappropriate due to real financial hardship or there is no prospect of recovery, the Housing Service will consider either the use of the Tenancy Sustainment Fund to provide financial relief or for the debt to be written off in accordance with delegated authority to the Head of Housing & Property, in consultation with the Chief Financial Officer, and in line with the Council’s Debt Management Policy. 2. Strategic Context 2.1 The Rent Recovery Policy will contribute to meeting the priorities set out in the Council’s Local Housing Strategy, Strategic Housing Investment Plan (SHIP), HRA Business Plan and Housing Service Plan and the Council’s Housing Reserves Policy as well as the Corporate Plan and priorities from the Moray 10 Year Local Outcome Improvement Plan. In particular, it will assist the Council to achieve Best Value in the use of its resources. 2.2 Detailed operational procedures support the Policy to ensure effective, fair and consistent processes are involved. Page 42
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APPENDIX I 3. Aim, principles and objectives of the Rent Recovery Policy 3.1 The Rent Recovery Policy aims to minimise rent loss in a sensitive but effective manner by ensuring the following principles underpin the Council’s approach to rent recovery: • Legality – A Rent Recovery Policy that reflects the legal and regulatory framework, to ensure full compliance with statutory pre-action requirements (PARs) in attempts to minimise the use of legal action, prevent, minimise or stabilise arrears while supporting tenants to sustain their tenancy by meeting their legal responsibility to pay rent; • Consistency – The Council will apply the Rent Recovery Policy, supporting procedures and escalation process consistently to ensure equity; • Openness – The Council’s rent arears management and escalation process is open, transparent and proportionate and will be supplemented by clear and explanatory information; • Responsiveness – the Council will ensure that staff are trained and equipped to deal with arrears cases timely, holistically and confidently, specific to individual circumstances; and • Local co-operation – the Council works cohesively with other relevant services and /or agencies locally to provide equitable access to advice and support for tenants and their household particularly to identify any risks and in relation to income maximisation and welfare advice services to assist with any financial, cost of living and /or affordability pressures. 3.2 The specific objectives of the Rent Recovery Policy are: • To balance minimising levels of rent arrears (including the number of tenants in arrears) with the aim of sustaining tenancies and preventing homelessness, while remaining sympathetic and supportive to individual needs and circumstances, with assisting to ensure the financial viability of the HRA and delivery of further investment; • To ensure, from the outset of their tenancy, that tenants are informed and aware of their legal responsibility under their tenancy agreement to pay their rent on time, in advance and any potential consequences of non-payment. This will include: o Providing all necessary rental information prior to the start of a tenancy, including their rental amount, the importance of making regular payments or claiming Universal Credit (if appropriate), and methods of payment; o Signposting and encouraging tenants to take up the Council’s Money Advice Service for welfare benefits and income maximisation services; • To maintain effective two-way communication with tenants where possible to support tenants to meet their statutory rental responsibilities; • To monitor rent arrear levels to help prevent rent arrears through early, supportive intervention and PARs, ensuring appropriate tailored support and guidance; • To ensure all legal requirements, including PAR conditions, have been met before taking any proportionate legal action; and • That any proportionate legal rent recovery options, up to and including court Page 43
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APPENDIX I action and / or eviction, are used as a last resort. 4. Legislative framework and regulatory requirements 4.1 The primary legislation governing the management of rent arrears is contained within: • Part XI of the Housing (Scotland) Act 1987 • Housing (Scotland) Act 2001, S.14 and S.14A – Introduced pre-action requirements as well as the Scottish Secure Tenancy (SST) and the Short Scottish Secure Tenancy (SSST) agreement which creates a legally binding contract with the tenant to pay rent. It is the responsibility of the Council to enforce the terms of the tenancy agreements to protect their interests. • Housing (Scotland) Act 2010, S.153 and S.155 introduced PARs that landlords must satisfy in all rent arrears cases before serving a notice on a tenant The secondary legislation the Council must follow to ensure it meets the PAR are: • The PAR Order – Sets out PAR detail. Scottish Secure Tenancies (Proceedings for Possession) (Pre-Action Requirements) Order 2012 • The Confirmation Regulations - Sets out the way the Council must confirm to Court before raising repossession proceedings on rent arrear grounds, the PARs that have been complied with. Scottish Secure Tenancies (Proceedings for Possession) (Confirmation of Compliance with Pre-Action Requirements) Regulations 2012 • The Notice Regulations – Created the NOP for rent arrears cases. Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012 • The Period Order – Set the maximum period a repossession order by the Court has effect. Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012 • The Commencement Order - set 1 August 2012 as the date PARs and changes to repossession orders came into force. Housing (Scotland) Act 2010 (Commencement No.7 and Transitional Provision) Order 2012 • Homelessness, etc. (Scotland) Act 2003 – prevention of homelessness duties 4.2 Other relevant legislation includes: • Adult Support and Protection Act 2007 • Children (Scotland) Act 1995 as amended 2020 • Children and Young People (Scotland) Act 2014 • Housing Benefit Regulations 2006 • Debt Arrangement and Attachment (Scotland) Act 2002 • Matrimonial Homes (Family Protection) (Scotland) Act 1981 • Civil Partnership (Scotland) Act 2020 4.3 In line with Section 25 of the Housing (Scotland) Act 2001 and the Rent Setting Policy, the Council will always consult with tenants regarding any change to their rent, giving tenants 28 days’ written notice of any rent increase. 4.4 Section 31 of the Housing (Scotland) Act 2010 introduced the Scottish Social Housing Charter, setting rent collection and tenant support standards and outcomes that all social landlords should aim to achieve when performing their housing activities: Outcome 2 – Communication - manage their business so that tenants and other Page 44
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APPENDIX I customers find it easy to communicate with their landlord and get the information they need about their landlord, how and why it makes decisions and the services it provides. Outcome 11 – Tenancy Sustainment - ensure that tenants get the information they need on how to obtain support to remain in their home and ensure suitable support is available, including services provided by the Council directly as well as other organisations. This includes tenants at risk of falling into rent arrears. Outcome 13 Value for Money - manage all aspects of their business so tenants, owners and other customers receive services that provide continually improving value for the rent and other charges they pay. It includes managing arrears and resources effectively, controlling costs, getting value out of contracts, giving better value for money by increasing the quality of services with minimum extra cost to tenants, monitoring and reviewing how landlords give value for money. Outcomes 14 & 15 Rents and Service Charges - reflect the Council’s legal duty to consult tenants about rent / service charge setting to ensure: • a balance between the level of services provided, the cost of the services, and how far current and prospective tenants and service users can afford them; and • tenants get clear information on how rent and other money is spent, including details of any individual expenditure above agreed threshold. 5. Equalities, rights and socio-economic requirements 5.1 Moray Council will comply with the Equality Act 2010, Human Rights Act 1998, Fairer Scotland Duty (socio-economic inequality) and the United Nations Convention on the Rights of the Child (UNCRC) by: • Making reasonable adjustments for disabled tenants • Understanding and addressing barriers faced by marginalised groups • Assessing arrears cases through a non-discriminatory, inclusive lens • Monitoring arrears actions to avoid disproportionate impacts on protected groups • Considering the impact of debt on children, care leavers, and those experiencing domestic abuse or trauma. 5.2 The Council is committed to preventing discrimination and promoting equality of opportunity for every person. In accordance with the Equality Act 2010, the Council seeks to ensure that the Rent Recovery Policy does not discriminate between individuals with one or more of the following protected characteristics: age, disability, gender reassignment, marital status/civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation. 5.3 Outcome 1 of the Scottish Social Housing Charter on Equalities ensures social landlords perform all aspects of their housing services so that every tenant and other customer has their individual needs recognised, is treated fairly and with respect, and receives fair access to housing and housing services. In delivering the Rent Recovery Policy, full consideration will be given to the Council’s Public Sector Equality Duty (PSED). This requires public authorities to eliminate discrimination, harassment and victimisation, advance equality of opportunity and to foster good relations between those who share a relevant protected characteristic and those who do not. Page 45
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APPENDIX I 5.4 The Housing Service commits to: • communicating with tenants and service users in clear and concise plain language to help with the understanding of important information; • developing and providing information and advice in alternative formats where necessary; and • providing interpretation and translation services free of charge, where required to assist tenant(s) with rent payments or recovery. 6. Confidentiality and data protection 6.1 The Council will treat all tenants with courtesy, sensitivity and complete confidence and ensure that any information given to it as part of the rent recovery process will be used in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. Relevant privacy notices will advise applicants how personal information may be collected, used, stored, shared and securely disposed of, the legal basis for doing so and what their Data Subject Rights are. 7. Tenants' Responsibilities 7.1 Section 1.5 of the Scottish secure or short Scottish secure tenancy agreement places a legal responsibility on the tenant(s) to pay rent weekly in advance on or before the first day of each rental period. Where two or more tenants have signed the tenancy agreement, they are jointly and severally liable for the rent payment. This means that each person is fully responsible for the payment of rent and any arrears for the duration of the tenancy. Where a joint tenant legally ends their interest in the tenancy, they will no longer be held liable for any arrears accrued after their interest has ended. 7.2 Details of rental amount(s) due under the legal tenancy agreement along with payment frequency, payment methods and the recovery process are clearly communicated to tenants from the outset of their housing offer to ensure they are fully informed of their responsibilities (as detailed further in Section 9 below). 7.3 Tenants have a responsibility to notify the Council of any change in their circumstances that may affect their ability to pay their rent. 8. Rent Arrears Recovery 8.1 The rent recovery process is based on a preventative approach from the outset, and seeks to maximise tenant(s)' entitlements to benefits while securing regular payments, considering individual circumstances, vulnerabilities, any delays in benefit payments etc. 8.2 Supporting operational procedures for rent recovery include a full escalation process of arrears actions at appropriate stages, up to and including repossession for rent arrears as a last resort. The staged approach ensures that every rent account is regularly monitored with necessary checks made at each relevant stage of the recovery process. 8.3 Emphasis will be placed on regular contact by the Area Housing Officer at every stage, particularly the early stages, to prevent any increasing arrears balances. Page 46
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APPENDIX I During this contact, staff will encourage tenants in arrears to seek independent advice and information from appropriate organisations to ensure they are receiving all their entitlements and maximizing their income where possible. 9. Prevention and Early Intervention 9.1 The Council will promote a positive payment culture by providing rental information at every opportunity at property viewings / offer stage, sign-ups, settling in visits, through the Tenants’ Handbook and Council website and regular Tenants’ Voice newsletter articles to remind tenants of their rental responsibilities. Establishing a good two-way channel of open communication between the tenant and the Area Housing Officer at this early stage is vital to rent recovery. Prevention 9.2 The Council will ensure preventative measures and practices are embedded into every new tenant offer, tenancy sign-up and settling in visit stages, with the aim of avoiding any initial debt. This will include a commitment to: • ensuring that every responsible tenant is informed of all the rental costs, payment responsibilities, frequency and methods associated with their tenancy, along with details of rent recovery process and support that is available should they need it, through the provision of clear concise information in plain language from the outset of the tenancy offer, and further reinforced at the tenancy sign-up; • advising new tenant(s) of any eligibility they may have for welfare benefits and / or income maximization, Universal Credit (through direct and/or managed payments) or Housing Benefit; • encouraging tenant(s) to set up managed payments for any UC housing cost payments (where the housing cost is paid directly to the Council); • considering tenants personal and household circumstances, using a Risk Assessment Plan (RAP) to help shape appropriate responses to help them pay their rent, comply with legislative requirements and provide targeted support for those impacted by UC delays, benefit sanctions, cost of living crisis, mental health or literacy challenges; • contacting all new tenants within six weeks of the start of their tenancy, or earlier if there are any vulnerabilities/concerns; • encouraging affordable and sustainable repayment plans; • encouraging and reassuring the tenant to: o contact the Council at the earliest opportunity should they experience a change in their circumstances or face difficulties paying their rent; and / or o set up an affordable and sustainable repayment plan for any arrears. • Providing all recovery and arrears correspondence in plain language, including details on the availability of advice and any relevant signposting. Early Intervention 9.3 The Housing Services Manager will ensure early intervention through the weekly monitoring of all rent accounts to identify any arrears figure or increase as they arise, in an attempt to avoid any increase or become unmanageable. Once arrears have been identified, prompt action will be taken as follows: • contact tenants using a variety of methods and clear communication, Page 47
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APPENDIX I detailing the current rent account balance and what action they need to take reminding them of various payment methods along with appropriate contact details for assistance; • actively explore any change in circumstances, current / new issues or support needs that may affect their ability to pay their rent and signpost accordingly if necessary; • where suitable, work with the tenant to encourage an affordable and sustainable repayment plan for any rent outstanding; • keep comprehensive records of all action taken and all contact with the tenant(s) and household members; • review any appropriate support assessment of their needs and circumstances to inform the delivery of support if required; and • check progress of agreed specific outcomes with tenants at regular intervals to ensure rent arrears are minimised. 10. Signposting 10.1 The Council will consider relevant signposting opportunities, where appropriate, to help and assist the tenant(s) and / or household members receive the required advice and support. These may include: • Money Advice, Dept of Work and Pensions; • Moray Citizens Advice Bureau; and / or Shelter; • Housing Options, Homelessness and Housing Support Teams; • Advocacy Services – Advocacy in Moray, Circles Network; • Access Care Team – Adult Services, Children Services for vulnerability or protection issues; and • Any other appropriate agency. 11. Pre-Action Requirements (PARs) 11.1 Before seeking eviction for rent arrears under an SST/SSST, the Council will comply with, record and document the legally required pre-action requirements for audit purposes. These include: • Providing clear information on arrears, tenancy terms, and rent due • Making reasonable efforts to assist the tenant, including: o Arranging repayment agreements o Advising on housing benefit or Universal Credit o Referring to money advice or support agencies o Making reasonable efforts to agree a plan with the tenant o Considering any welfare reform or personal circumstances impacting the tenant • Not initiating possession proceedings where: o An application for Housing Benefit or Universal Credit housing cost element has been made o It is likely to be successful and paid directly to the Council • Considering the best interests of children and household vulnerabilities 11.2 A pre-action requirement checklist is embedded into the rent recovery process to ensure and evidence that all legal requirements have been met before progression to any form of legal action. The Council will only consider legal action to recover rent arrears or repossession where all previous and Page 48
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APPENDIX I documented management actions have proven ineffective. 12. Welfare Reform and Universal Credit 12.1 Tenants affected by UK Government welfare restrictions, such as the Benefits Cap (which limits the amount of housing benefit received if the total household income from benefits reaches a specific set limit) have certain mitigations available to them: Scottish Government’s Two Child Limit Payment (from 2 March 2026) - Tenants can apply for this payment which supports low-income Scottish families by reducing the impact and offsetting the UK Two-child Universal Credit Limit. Under-Occupancy Charge - Tenants can apply for Direct Housing Payments (DHP) to help cover the reduction in the amount of housing benefit they receive for spare rooms (14% for one spare bedroom and 25% for two or more spare bedrooms). 12.2 It is a tenant’s responsibility to pay any shortfall that results from any changes to their benefit entitlements, to avoid any arrears. The Council, in pursuing the payment of any shortfall, will: • seek to ensure that tenants understand their ongoing responsibilities to meet changes to their benefit entitlement; • be mindful of the current individual circumstances; and • not consider legal action where the tenant is waiting for a benefit application, decision or payment which may pay or reduce the arrears. 12.3 Where the Council is satisfied that tenants who are subject to a reduction in benefit through any restrictions are doing all they reasonably can to avoid falling into arrears, the Council will use all legitimate means to collect rent arrears while profiling to identify, target and support vulnerable tenants or those at risk of escalating arrears. 13. Enforcement Action 13.1 When arrears fail to stabilise or reduce and / or the tenant(s) are not engaging with Housing staff, enforcement action will begin. This may include initial stages of raising legal proceedings against the tenancy. A letter informing the tenant that if the rent payment and any arrears payments are not made on a regular basis, that a Notice of Proceedings for Recovery of Possession (NOP) will be served and that legal action may be taken. 13.2 The focus will continue to focus on engagement, communication and support with regular reminders of their legal responsibilities to pay rent and involving household members where relevant and appropriate. 14. Repayment Agreements 14.1 Where tenant(s) cannot clear the arrears in a single payment, the Council will discuss and agree (where possible) an affordable written re-payment agreement to manage and reduce any arrears in realistic and sustainable instalments over a specific period of time. The repayment agreement will be based on the tenant(s) ability to pay and include the level of current arrears, the repayment amount, frequency, dates and method of payment. Page 49
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APPENDIX I 14.2 Repayments agreements will be monitored regularly. Where broken, contact will be made with the tenant to re-assess any additional circumstances and arrange to adjust the existing agreement where appropriate or arrange a new agreement. Where repayment agreements repeatedly break down, resulting in arrears not reducing, the Council will have no option but to progress to further legal action under the escalation process. 15. Legal Action 15.1 The decision to progress with legal action will always remain the final resort in the Council’s rent recovery process when all other engagement and attempts to recover rent have been exhausted. Legal action may include a payment decree (court action for the rent arrears payment) or ejection decree (court action to recover possession of the property). In all cases, the Council will seek recovery of expenses. Expenses may be awarded where the arrears have been repaid. 15.2 Before serving any valid legal Notice of Proceedings (NOP) for Recovery of Possession, the Council will make reasonable inquiries to establish, so far as is reasonably practical, whether there are any qualifying occupiers in the house. A qualifying occupier is a person who occupies the house as their only or principal home and is: • a member of the tenant’s family aged at least 16; or • someone to whom the tenant has, with the landlord’s consent, assigned, sublet or otherwise given up possession of the house, or part of it; or • someone who is a lodger and the landlord has given consent. All qualifying occupiers will be notified of the rent arrears where it is the basis for potential legal proceedings. 15.3 The Council will serve the tenant and all qualifying occupiers with a NOP at least 28 days before court proceedings commence. 15.4 Tenants and qualifying occupiers will be kept informed and involved in all stages of any legal action. Where appropriate, the Council will ensure the tenant(s) and any qualifying occupiers are referred or signposted to relevant support agencies for advice or to assist with representation at court hearings. 15.5 The court may order an open decree for repayment of arrears, which the Council can enforce for full payment of the debt, or it may order an instalment decree which outlines a schedule for smaller, manageable repayment. 15.6 Where a tenant has made an application for a Debt Payment Programme (DPP) under the Debt Arrangement Scheme (DAS) the Council will continue to raise court proceedings but will not start enforcement work for arrears payment. 15.7 Where an eviction decree has been granted on the grounds of rent arrears, in line with the Housing (Scotland) Act 2001 and Moray Council’s Eviction Policy and procedure, the decree will not terminate the tenancy at the date on which it becomes effective. The tenancy will only be terminated when the Council recovers possession. The Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012, sets a maximum period of six months for which an arrears eviction decree is effective. Decisions in relation to the decree will be Page 50
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APPENDIX I made within the six-month period. 16. Former Tenant Arrears (Tenancy, Garages and Garage Sites) 16.1 The Council will initiate former tenant rent arrears recovery through a similar staged, escalation process, starting when the tenancy is terminated and the status changes to “former tenant” with arrears debt for the tenancy just ended. The Council will encourage payment of the outstanding debt at the tenancy termination stage, via an affordable and sustainable repayment agreement where required, and will advise of the implications non-payment may have. Supporting operational procedures for former tenant arrears recovery ensures that each case is regularly monitored and appropriate action taken. Legal action to recover the former arrears will be taken in cases where appropriate. 16.2 Where former tenant arrears recovery has failed, or the former tenant cannot be located, the debt will be referred to the Council’s approved Debt Collection Agency. 16.3 Any action for former arrears in respect of a deceased tenant will be limited to sensitive contact with the next of kin or executor for payment from any estate. 17. Review and Complaints Process 17.1 Any tenant who disputes the amount of rent payment, arrears or repayment plan should in the first instance contact their Area Housing Officer for an explanation. If the tenant is not satisfied with the explanation received, they can ask for an appointment with their Area Housing Manager who will review the case. 17.2 Any tenant who is not satisfied with the way Housing staff have dealt with any aspect of their rent arrears case should contact the Housing Services Manager in the first instance who will investigate and respond within 14 days. 17.3 Where the tenant is still not satisfied with the way the Housing Service has dealt with their case, the Council also has a corporate Complaints Policy. Explanatory information is available on the Council website. 18. Performance Monitoring 18.1 Performance monitoring is a key factor in rent arrears management. The Council, as a social landlord, has a statutory duty to complete the Annual Return on the Scottish Social Housing Charter (ARC) to the Scottish Housing Regulator (SHR). The relevant performance indicators below provides key information on the annual performance in relation to the amount of current and former tenant rent collected, amount of rent arrears and the value of arrears written off: • Indicator 26 - Rent collected as a percentage of total rent due. • Indicator 27 – Gross rent arrears (all tenants) as at 31 March each year as a percentage of rent due for the reporting year. • Contextual Indicator 7 – Amount and percentage of former tenant arrears written off at the year end. 18.2 Performance will also be reported annually to: • the Council’s Housing & Community Safety Committee, in line with the Council’s Corporate Performance Management Framework (using both Page 51
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APPENDIX I statutory and local performance indicators); and • the Scottish Housing Network to allow national benchmarking against comparator local authorities. 18.3 The Housing Service will carry out continuous weekly and monthly monitoring of rent accounts in terms of total current and former rent arrears per area and per arrears band. 19. Review of the Rent Recovery Policy 19.1 The Council will review the Rent Recovery Policy in 2029 or earlier if required by changes to legislation or guidance. Page 52
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APPENDIX II INTEGRATED IMPACT ASSESSMENT (IIA) COVERING • EQUALITIES & SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD DATE UPDATES/EXECUTIVE SUMMARY VERSION DETAILS Insert Date (e.g. 03/10/2023) Add brief notes/highlight which section amended (e.g. first draft of IIA completed and submitted to SFC 25/10/2023 for consideration; noting that further work on Stage 2 will be required). Insert (ShP) Version Info (when details have been agreed) (e.g. 5.0 03/10/2023 11:21 AMcL) 17/07/2025 1st Draft IIA to be submitted to H&CS Committee 9/9/25 STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Rent Recovery Policy Is this a Please ✓ below New activity, programme or policy? Change to an existing activity, programme or policy? ✓ Budget proposal? Duties: tick the boxes you think apply No Maybe Yes Equalities: Will your proposal have an impact on groups with protected characteristics? Consider the impact of your proposal on people and how they access your services and information without barriers. ✓ Socio-economic Not every person/family has access to regular income or savings. Will your proposal have an adverse impact on them ✓ Does your proposal impact on the human rights of people? ✓ Does your proposal impact on the rights of children and young people ✓ Reasoning - Briefly describe your reasoning for the responses given above: Individuals within certain protected groups can be affected by more socio-economic issues in relation to lower income / poverty issues. If you have answered “maybe” or “yes” to any of the Stage 1 questions above, then proceed to complete the Stage 2 Integrated Impact Assessment questions below. If you have answered “no” to the Stage 1 questions above, then provide the details below and submit to [email] Lead Officer for developing the contract Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) Date STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service Page 53
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APPENDIX II 1. Describe what the service does: The Housing Service’s current Rent Arrears Policy has been reviewed. A revised draft Rent Recovery Policy sets out the framework for how Moray Council commits to delivering sustainable tenancies and preventing homelessness through the effective management of rent recovery and arrears. This includes a focus on prevention work and early intervention mechanisms to avoid minimising any rent arrears as well as an escalation process up to and including legal action for payment, recovery of the property (or both) as a last resort. 2. Who are your main stakeholders? Moray Council current tenants and former tenants 3. What changes as a result of the proposals? Is the service reduced or removed? The policy review proposes the following changes: • Change of title from Rent Arrears Policy to Rent Recovery Policy to better reflect the prevention and early intervention work that takes place prior to any accrual of rental arrears; • Ensures the Council has a current policy reflective of all updated legal and regulatory requirements while taking into consideration the current cost of living crisis; • Enhanced equality, rights and socio-economic considerations and commitments through the introduction of a tenancy sustainment fund to support cases of real hardship and the inclusion of further considerations of the impact of debt on children and other vulnerable tenants or household members; • Updated Welfare Reform and Universal Credit considerations and mitigations; • Updated performance monitoring commitments; and • A review of the supporting internal operational procedures. 4. How will this affect your customers? The aim is to provide a fairer and more consistent rent recovery process for the tenants while receiving tailored support based on their individual circumstances. 5. Impact on staff providing the service Little impact. Training/awareness on policy and procedural revisions. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Potential Impact - Language barriers or immigration status may affect engagement in rent recovery process or lack of understanding of legal implications/actions Disability Potential Impact - Tenants with disability, mental health or learning difficulties may struggle to manage arrears Carers (for elderly, disabled or minors) Potential Impact - Carers may struggle to get access to the information they need to help support tenant with rental issues i.e. no POA Sex Potential Impact - Single women and men with children can be at higher risk of poverty depending on their circumstances. Victims of domestic abuse (male/female) may have restricted access to finance. Pregnancy and maternity (including breastfeeding) Potential Impact - Maternity leave can cause financial pressures, with potential to lead to arrears. Sexual orientation No direct impact - Ensure LGBTQ+ tenants feel safe and respected in arrears processes Age (include children, young people, midlife and older people) Potential Impact - Older tenants or younger tenants (especially care leavers) may face higher risk of arrears Religion, and or belief None identified, but faith-sensitive practices should be respected Page 54
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APPENDIX II Gender reassignment Potential Impact – if communications are not inclusive Inequalities arising from socio- economic differences Potential Impact – More likely to impact on individuals form this group due to low income. Individuals with disabilities tend to fall into the lower income category. Victims of domestic abuse (male/female) may have restricted access to finance. Human rights List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security Article 6: Right to a fair trial Policy review ensures compliance with due legal processes and requirements and any resulting Article 8: Right to respect for private and family life, correspondence and the home Potential impact – Escalation to court action or eviction proceedings may interfere with Article 8 rights if not handled proportionately. Article 10: Freedom of expression Article 11: Freedom of assembly and association Article 12: Right to marry Article 14: Prohibition of discrimination (in relation to the convention rights) Policy review and IIA to identify and reduce any impacts through relevant mitigations to support this right. Article 1 of Protocol 1: Protection of property Article 2 of Protocol 1: Right to education Article 3 of Protocol 1: Right to free elections by secret ballot Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination Policy review incorporates UNCRC considerations. IIA to identify and reduce any impacts through relevant mitigations to support this right. Article 3.1 – Best interest of the child Policy review incorporates UNCRC considerations. Evictions due to arrears has the potential to impact a child’s wellbeing and educational stability Article 6.2 – Right to survival and development Policy review incorporates UNCRC considerations. Article 12 – Respect of the views of the child Policy review incorporates UNCRC considerations. Article 23 – Children with a disability Policy review incorporates UNCRC considerations. 7. Evidence. What information have you used to make your assessment? Performance data Annual Return on the Charter (ARC) 2024/25 to Scottish Housing Regulator (SHR) Internal consultation Equal Opportunities Officer Housing Services Manager Area Housing Managers Senior Housing Officer (Policy) Page 55
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APPENDIX II Consultation with affected groups Tenant consultation to be held 10 Sept 2025 to 22 October 2025 for 6 weeks to gain feedback. This will include: • publication of the revised Rent Recovery Policy on the Council website along with an easy read version of the policy and summary of the changes; • an electronic survey published via the Council’s website and social media platforms; • contacting relevant stakeholders for feedback, including Moray Council tenants and former tenants, Register of Interested Tenants and Moray Tenant’s Forum. Local statistics Tenancy Sustainment Fund (TSF) was approved (12 Feb 2024 – Report to Housing and Community Safety Committee) approved the to assist vulnerable Council tenants who are facing financial hardship due to the cost of living crisis. Evaluation of the Tenancy Sustainment Fund 23/24 Report (Housing & Community Safety Committee on 24 June 2025) provides statistics. National statistics Scottish Housing Network Benchmarking Other Good practice from other Local Authorities Scottish Rents Forum SHN Welfare Reform Forum 8. Evidence gaps Do you need additional information in order to complete the information in the previous questions? Feedback from tenant and stakeholder consultation will be used to further inform the IIA before a final decision is made. 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain The above identified potential impacts can be mitigated as follows: • Race – Moray Council provide translation/interpretation services • Disability – Consideration of appropriate reasonable adjustments will to be considered by staff such as accessible communication formats, etc. • Carers – Representative process in place within Housing service • Sex – Signposting to Money Advice and Income Maximisation for single male/female parents. Signposting to VAWGP or AMIS if domestic abuse. • Pregnancy/Maternity – Signposting/referrals to support service and or Money Advice/Income maximisation • Age – Provide or signpost to age-appropriate advice and support • Gender Reassignment – inclusive communications • Socio-economic – Full pre-action requirements are considered holistically based on individual circumstances. Tenancy Sustainment Fund supports cases or real financial hardship. • Human Rights - Policy and procedure review focuses on prevention and early intervention. It includes full consideration and compliance with legally required pre- action requirements, reasonable and proportionate action and robust audit trails of engagement and actions. This is further supported by the Council’s Eviction Policy. • Rights of the Child (UNCRC) Page 56
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APPENDIX II o The prevention and early intervention practices embedded within the policy and procedure review may prevent homelessness or disruption of schooling/wellbeing in affected household o Fully embedded signposting and referrals mechanisms when household includes children in a rent arrears case, ensuring joint working with social work or children’s services where appropriate and avoiding eviction whenever possible This is also committed to in Housing’s Service Plan and Moray Council’s Equality Outcomes for 2025-2029. 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? All impacts fully mitigated as per Q9 above. SECTION 3 CONCLUDING THE IIA 1. No potential negative impacts found for any protected groups. 2. Some potential positive impacts have been identified. The impacts relate to: ✓ Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 ✓ Promoting equality of opportunity Fostering good relations 3. The proposals interfere with human rights and/or the rights of the child ✓ 4. Negative impacts can be mitigated as outlined in Q9. ✓ 5. The negative impacts cannot be fully mitigated but are justified as Q10. 6. Further consultation with affected groups is needed. ✓ 7. It is advised not to go ahead with the proposals. Decision - Set out the rationale for deciding whether or not to proceed with the proposed actions: To be presented to Housing & Community Safety Committee in November 2025 for final approval. Date of Decision: Sign off and authorisation: Service Housing, Property & Communities Department Housing Policy/activity subject to IIA Rent Recovery Policy Review We have completed the integrated impact assessment for this policy/activity. Name: Emma Armit Position: Senior Housing Officer (Policy) Date: 17/07/ 2025 Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property & Communities Date: Permission to publish on website - Page 57
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APPENDIX II Page 58
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Report to: Housing And Community Safety Committee Meeting Date: 9 September 2025 Report by: Executive Director for Education, Housing and Communities Report No: HPS048/25 Author: Martin Gray (Senior Housing Officer) Contact Email: martin.gray@moray.gov.uk Subject: Scottish Social Housing Charter Compliance 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of compliance with the Scottish Social Housing Charter and the Scottish Housing Regulator’s Regulatory Framework. 1.2 This report is submitted to Committee in terms of Section III (G) (13) of the Council's Scheme of Administration relating to the Council’s performance management framework. 2. SUMMARY 2.1 The Scottish Social Housing Charter came into force on 1 April 2012. The aim of the Charter is to improve the quality and value of the services provided by social landlords. The Charter sets out the minimum standards and outcomes that tenants can expect from their landlord. 2.2 Each year, social landlords must submit an Annual Return on the Charter (ARC) to the Scottish Housing Regulator (SHR). Using a range of performance indicators, the SHR monitors, and assesses landlords’ performance against the Charter. To meet regulatory requirements, social landlords must submit an assurance statement to the SHR and publish a performance report for tenants and service users by 31 October each year. 3. RECOMMENDATIONS 3.1 It is recommended that the Housing and Community Safety Committee: i) considers and approves the draft assurance statement in APPENDIX I; and ii) notes that a summary of performance on the key Annual Return Item 9. Page 59
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on the Charter (ARC) indicators against national/benchmarking results will be presented to the Committee on 18 November 2025. Martin D. Gray Senior Housing Officer (Information) 4. BACKGROUND AND CONTEXT 4.1 Annual Return on the Charter The Scottish Housing Regulator (SHR) requires landlords to monitor progress against the outcomes and standards of the Scottish Social Housing Charter. The Council’s Annual Return on the Charter (ARC) was submitted in May 2025. 4.2 Assurance Statement The SHR requires social housing landlords to submit an assurance statement between April and October each year. This assures the SHR and tenants/service users that the Housing Service complies with regulatory and statutory obligations. Landlords must notify the SHR of any material changes in their level of assurance during the year. 4.3 The statement must be made by the landlord’s governing body or relevant committee and be available to tenants and other service users. The statement forms the basis of the SHR’s risk assessment and level of engagement with the landlord. The statement must: • confirm the landlord meets all of the relevant requirements set out in its regulatory framework which can be found online at www.housingregulator.gov.scot/for- landlords/regulatory-framework; • set out any areas of material non-compliance and describe improvement actions and timeframes for these; • confirm that appropriate evidence has been considered to support the level of assurance given by the governing body or Committee; and confirm the date of the meeting of the governing body or Committee. 4.4 In reaching a decision about non-compliance, the Committee must decide whether the issue is material. The Committee should consider whether an issue: • seriously affects the interests and safety of tenants or other service users; • threatens the stability, efficient running or viability of service delivery arrangements; or • brings the landlord into disrepute or raises public or stakeholder concern about the organisation or the social housing sector. 4.5 On 11 March 2025, the SHR wrote to landlords to provide advice on the preparation of the Assurance Statement, in 2025. The SHR have requested that landlords confirm whether they meet all duties in relation to specific areas of tenant and resident safety and that they have obtained appropriate assurance about compliance with all relevant safety requirements. A draft Assurance Statement (APPENDIX I) has been prepared for the Committee to consider and approve. Page 60
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4.6 The SHR will consider both the ARC results and the assurance statement as part of their risk assessment process to decide whether they need further information or assurance. They will then publish an engagement plan for each social landlord by 31 March 2026. 5. PROPOSALS 5.1 This report provides the Committee with an update on the Council’s compliance with the Scottish Social Housing Charter and Regulatory Framework and asks the Committee to consider and approve the draft assurance statement for submission to the Scottish Housing Regulator. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✔ Policy and Legal ✔ Financial ✔ Risk ✔ Staffing ✔ Best Value and Transformation ✔ Property ✔ Information Communications Technology/Digital ✔ Equalities. Social Inclusion and Economic Impact ✔ Climate Change and Biodiversity Impact ✔ 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy. ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population. Page 61
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6.3 Policy and Legal The Council are legally required to report on Scottish Social Housing Charter performance indicators under the Housing (Scotland) Act 2010. 6.4 Financial There are no financial implications arising directly from this report. Any costs associated with implementing improvements will be met from within existing budgets. 6.5 Risk The annual assurance statement and annual performance report are requirements under the Scottish Housing Regulator’s Regulatory Framework. In addition, tenants and service users must be provided with meaningful opportunities to participate in the management of their homes and decision-making processes. Failure to meet these requirements presents a regulatory risk. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising directly from this report. 6.8 Property There are no property implications arising directly from this report. 6.9 Information Communications/Technology/Digital There are no information communications/technology/digital implications arising directly from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities implications directly arising from this report. The Housing Service is working towards compliance on recently published guidance from the Scottish Federation of Housing Associations relating to equalities. 6.11 Climate Change and Biodiversity Impacts There are no climate change and biodiversity impacts implications arising directly from this report. 7. CONSULTATION 7.1 Consultation on this report has been carried out with the Head of Housing, Property and Communities, Service Managers within the Housing and Property Service, G. Anderson (Legal Services Senior Solicitor), I. Sneddon (Research and Information Officer), Customer Engagement Officer and L. Rowan (Committee Services Officer). Their comments, where relevant to their areas of responsibility, have been incorporated in this report. 8. BACKGROUND PAPERS 8.1 Scottish Social Housing Charter Compliance(2023/24) Scottish Social Housing Charter Compliance Appendix I (2023/24) Scottish Social Housing Charter Compliance Report (2023/24) Page 62
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APPENDIX I Moray Council Housing and Property Service Assurance Statement We comply with the regulatory requirements set out in Section 3 of the Scottish Housing Regulator’s Regulatory Framework, apart from the areas set out below. We achieve all but the following outcomes and standards in the Scottish Social Housing Charter: QUALITY OF HOUSING The Moray Council’s annual performance presents an account of our housing service delivery, reflecting both steady performance in key areas and challenges that are being proactively addressed, such as Scottish Housing Quality Standard (SHQS) and Energy Efficiency Standard for Social Housing (EESSH). We embarked on an ambitious improvement plan in 2024, and whilst we have not currently achieved our target of 90% compliance, we are set to achieve this within the next reporting period. Substantial investment in improving compliance was made as part of our Improvement Plan and real strides have been made. SHQS Compliance Of the 6,410 Moray Council residential properties, 2,799 fully complied (43.67%) with the SHQS, almost doubling our compliance compared to last year (22.6%). The main areas of non- compliance were: • Electrical Safety • Energy Efficiency The primary area of non-compliance relates to electrical safety, with 4,249 properties (66.29%) currently meeting the required standard. Energy efficiency also remains a notable challenge, with 4,468 out of 6,410 properties (69.70%) achieving compliance with the EESSH2 standard. It is important to note that dual non-compliance, where properties fail to meet both electrical safety and energy efficiency standards, is relatively uncommon. Energy Efficiency The 2025/26 Housing Investment Plan includes £16.7M to support SHQS and EESSH improvements. As of 31 March 2025, the Accelerated Capital Programme has delivered 245 heating upgrades (including 57 air source heat pumps), 82 solar panel installations, 203 kitchen replacements, 204 bathrooms replacements, and over 600 insulation measures. Damp and Mould The Moray Council Housing and Community Safety Committee has acknowledged the increase in dampness and mould within council housing and is actively implementing a range of mitigation measures. These include the installation of external and internal wall insulation, enhanced ventilation systems, and environmental monitoring devices. Remedial works are ongoing, with future interventions prioritised for properties identified as being at higher risk. Continuous improvements delivered through the Accelerated Capital Improvement Programme Page 63
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aim to ensure compliance with SHQS, ultimately enhancing living conditions for tenants and mitigate causes of damp and mould. Tenant and Resident Safety Electrical Safety By 31 March 2025, a total of 5,623 Electrical Installation Condition Report (EICR) inspections had been completed. Of these, 4,223 properties were found to be in (or brought to) compliance. The remaining 1,400 inspections that identified C2 faults, have been scheduled for remedial work. All C1 faults (classified as the most critical) were addressed immediately, and no identified unresolved C1 issues remain. Landlord Gas Safety A property acquired to support homelessness prevention was found to lack a valid gas safety certificate at the time of purchase. A full inspection confirmed the property’s compliance shortly after, but due to incomplete documentation, we have recorded it as a failure. We’ve since strengthened our procedures to ensure this does not happen again. Fire and Carbon Monoxide Detection As of 31 March 2025, all our properties meet the updated Fire Safety Regulations. Over the past year, we completed the final phase of fire detection system upgrades. This was achieved through strong teamwork between housing, asset and DLO staff, which helped us reach residents who were harder to contact. In a few cases, formal forced entry procedures were followed to ensure the work could be carried out safely and in line with regulations. All homes that required them are fitted with carbon monoxide (CO) detectors and comply with the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2021. Lift Safety We only have one sheltered housing complex with a lift which is included on a cyclical maintenance contract to ensure that it complies with relevant legislation. Asbestos We maintain a comprehensive and up-to-date asbestos register and ensure that a full risk assessment is conducted prior to the commencement of any work within our properties. Significant progress has been made in phasing out the use of cloned asbestos surveys, with full, property-specific surveys now available across our housing stock. As part of our ongoing commitment to health and safety compliance, we have begun the implementation of a dedicated asbestos module within the NEC Housing System. This system once fully implemented will provide staff with secure electronic access to detailed information on Asbestos Containing Materials (ACMs) within each property, supporting informed decision- making and safe working practices. Water Safety We routinely conduct legionella risk assessments on our vacant properties, actively working to reduce risks by removing dead legs in the plumbing systems. The exception to this practice, as previously stated, is with newly installed mandatory wet sprinkler systems. The risk of legionella has been assessed as low and the benefits of these systems outweigh the potential risk. Page 64
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Health and Safety Executive Reportable Events Unfortunately, there was a single notifiable event reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations (RIDDOR). A member of staff sustained an injury. Housing and Homelessness The total number of homeless households to whom the local authority has a statutory duty to secure permanent accommodation decreased from last year, with a reduction of 12.2%. Unsuitable Accommodation Order During 2024/25 there were 34 households breaching the Unsuitable Accommodations Order. This was a direct result of two periods where supply was insufficient to meet demand and resulted in extended stays in Bed and Breakfast accommodation. This was further exacerbated by the lack of new supply of council housing. Temporary Accommodation Standards Framework The service is broadly compliant with the new guidance and framework, with the exception of digital inclusion. Currently, our temporary accommodation units are not equipped with free internet access. Nevertheless, tenants are supported through free access to internet services provided at Moray Council information hubs, libraries, and the main reception, helping to reduce barriers to digital connectivity. Equality and Human Rights We are continuing to work towards aligning with the equalities guidance published by the Scottish Federation of Housing Associations (SFHA) in 2023. While some system changes have not yet been fully implemented due to differing definitions of certain protected characteristics—which may impact the Scottish Government’s homelessness data collection—we remain committed to progress. The Government has advised that a review of these definitions is not expected before 2025. Integrated Impact Assessments are carried out as part of the development process for all new policies and strategies. This structured approach helps us to assess potential impacts, monitor relevant protected characteristics, and ensure our work supports positive outcomes. It also helps us to minimise any unintended effects and maintain alignment with our Local Outcome Improvement Plan, Corporate Plan, and associated Equality Outcomes. Gypsy/Travellers Moray Council does not currently operate any official gypsy/traveller sites. However, we have established a local protocol for managing unauthorised encampments, which ensures that the needs of both the encampment residents and the broader community are met. This protocol is supported by our dedicated unauthorised encampments officer, who oversees the process and provides necessary assistance and support. We approved our Assurance Statement on 9 September 2025 and sign this statement on behalf of the Housing and Community Safety Committee. Councillor Amber Dunbar Councillor Paul McBain Chair of Housing and Community Safety Depute Chair of Housing and Community Safety Page 65
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Report to: Housing and Community Safety Committee Meeting Date: 9 September 2025 Report by: Executive Director for Education, Housing and Communities Report No: HPS008/25 Author: Ivor McIvor, Private Sector Housing Manager Contact Email: privatehousinggrants@moray.gov.uk Subject: Moray Home Energy Efficiency Programme 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to note progress on the Moray Home Energy Efficiency Programme and to agree future actions. 1.2 This report is submitted to Committee in terms of Section III (G) (2) of the Council’s Scheme of Administration relating to the exercise of all the functions of the Council as a housing authority. 2. SUMMARY 2.1 The report provides the outturn of the Home Energy Efficiency Programme over the last financial year, i.e. 2024/25, and seeks approval for approaches going forward. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) scrutinises and notes the progress made on the delivery of the Moray Home Energy Efficiency Programme; and ii) agrees the approaches to delivery of the programme detailed in Section 5. Ivor McIvor Private Sector Housing Manager Item 10. Page 67
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4. BACKGROUND AND CONTEXT 4.1 The Energy Efficient Scotland programme (EES:ABS formerly known as HEEPS:ABS) is a Scottish Government initiative to tackle fuel poverty by improving the energy efficiency of existing private sector homes. The programme offers grant-in-kind with a focus on alleviating fuel poverty. The cost of the measures to households is discounted by a combination of Scottish Government grant and Energy Company Obligation (ECO) funding provided by utility companies. Only private sector households are eligible for HEEPS funding but ECO is available to all tenures, including council housing. 4.2 Since 2013/14, the Scottish Government has provided the Council with an annual funding allocation for the EES:ABS for energy efficiency and carbon reduction measures to homes in Moray. Details of the last 5 years allocations are provided below: 2020/21 £2.128m 2021/22 £1.914m 2022/23 £1.842m 2023/24 £2.137m (including special project) 2024/25 £1.769m 4.3 This Committee is provided with an update on the EES ABS programme annually, most recently on 10 September 2024 (Para 10 of the Minute refers). 4.4 During 2013/14 to 2024/25, the Moray programme has delivered measures to over 1,000 properties as shown in the table below. With the exception of 2021/22 (COVID19) and 2024/25, the Moray EES ABS programme has generally spent all or almost all, of its budget allocation. Year Private sector properties in receipt of completed measures 2013/14 275 2014/15 151 2015/16 135 2016/17 128 2017/18 96 2018/19 196 2019/20 70 2020/21 100 2021/22 0 2022/23 254 2023/24 358 2024/25 49 Total 1,812 5. MORAY EES:ABS PROGRAMME 2023/24 OUTTURN 5.1 The Scottish Government’s EES ABS guidance required councils to apply a “fabric first” approach with measures to be targeted to fuel poor households, specifically those living in Council Tax bands A-C properties. Properties may be suitable for more than one measure. Page 68
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5.2 Changeworks have been acting as managing agent to deliver the HEEPS ABS programme since 2021. This service is funded from within the Scottish Government grant allocation. The agent is required to provide an end-to-end service from identifying and engaging with targeted householders; procurement of contractors; to quality assurance, monitoring, evaluation and reporting. The agent will provide the resource and expertise required to deliver a multi-measure programme involving specialist contractors and provide specialist advice and support to householders. Although the managing agent takes on the majority of the workload, some Housing and Accountancy resource is required to run the scheme effectively and maintain appropriate governance. 5.3 The outturn for 2024/25 is presented in the table below: Measure 2024/25 Solar PV/battery storage 4 Loft insulation 3 Internal wall insulation 22 Cavity insulation extraction and refill 17 Air source heat pump 8 Room in Roof insulation 0 Underfloor insulation 0 Total 54 * Properties may receive more than one measure 5.4 It is notable that outturn is considerably reduced from previous years, bolstered only by over commitment from the previous year and that only 60% of 2024/25 grant funding has been spent. This is the first time for many years that outturn has been substantially less than 100% (COVID19 excepted). This is despite strenuous efforts on the part of Changeworks as managing agent who have responsibility for marketing, and their sub- contractors. The late release of funding by Scottish Government also hampered take up of measures. 6. SCARF – ECO4 FUNDED WORKS 6.1 Home Energy Scotland (HES) provide advice and support on energy supplier switching, energy saving and fuel debt advice, access to emergency/hardship grants, as well as signposting to provision of insulation measures, on a tenure-neutral basis. SCARF administer the HES function in northeast Scotland. 6.2 In early 2024, SCARF offered Moray Council the opportunity to join its recently established Energy Company Obligation (ECO) referral scheme. On 1 May 2024, Moray Council joined the scheme which will provide private sector owners and renters with access to ECO funded insulation and carbon reduction measures. Moray joined other members who are Aberdeen City, Aberdeenshire and Angus Councils. SCARF will source an energy company willing to provide the ECO funding and will procure contractors from their established framework. This scheme is provided at no cost to Moray Council. Full details are published on the Council’s website at http://www.moray.gov.uk/moray_standard/page_154848.html. Page 69
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6.3 The ECO4 scheme has proven to be very popular with fuel poor households. Since its establishment 221 referrals with a total of 254 measures carried out to 83 properties. Measure* Completed Solar PV/battery storage 72 Loft insulation 28 Internal wall insulation 18 Cavity insulation extraction and refill 8 Air source heat pump 66 Room in Roof insulation 9 Underfloor insulation 6 Other 47 Total 254 * Properties may receive more than one measure 6.4 The ECO 4 programme has also displaced 412 tonnes of CO2 with an estimated bill saving of £145,000. 6.5 To date properties have received works with an average value of £19,215.49, which is far in excess of the grant funding available via EES:ABS, and with a range of measures which is far broader than those offered via EES:ABS (see para 6.3 above). 6.6 There has been positive feedback for the EES:ABS project and a recent case study was presented to Scottish Government. The ECO 4 programme was also well received with 90% of customers being very satisfied with the outcome and would recommend the scheme to others. 7. FUTURE APPROACH 2025/26 7.1 Moray Council were allocated funding, in principle, of £1,769,485 on 11 June 2025 for the 2025/2026 Area Based Scheme. 7.2 Changeworks have supported officers in the presentation of the funding bid application, which was successful, with confirmation being received from Scottish Government on 3 July 2025. 7.3 As the contract with Changeworks, our managing agent, has expired we are now in the process of procuring a new agent, to be in place by September, to assist with the delivery of this year’s programme. 7.4 Officers recommend that Moray Council should continue to signpost potentially fuel poor households to the ECO4 scheme delivered by SCARF, in their role as agent for Scottish Government Home Energy Scotland. Officers believe that this scheme provides good value to fuel poor households, does not require qualifying households to make a financial contribution, and requires only minimal officer input. 7.5 Committee should expect an update on the outcome of the funding bid and procurement of a new managing agent in November 2025. Page 70
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8. SUMMARY OF IMPLICATIONS 8.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 8.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy. ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population. 8.3 Policy and Legal Part 4 of the Climate Change (Scotland) Act 2009 places duties on public bodies relating to climate change. Moray Council has declared a Climate Change Emergency. Delivery of the EES:ABS and ECO4 programme will contribute to the achievements of these aims and requirements. 8.4 Financial The report provides details of progress in delivering energy efficiency measures to housing stock in Moray, funded from external sources, mainly the Scottish Government’s Energy Efficient Scotland Area Based Scheme (EES:ABS), and Energy Company Obligation (ECO) funding. No Moray Council funding is required to deliver the schemes detailed within this report. Page 71
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One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 8.5 Risk There are no risk implications arising from this report. 8.6 Staffing The administration of the EES:ABS scheme requires staffing resource initially from Housing and Procurement teams and from Housing on an ongoing basis. The ECO4 scheme requires minimal Housing staffing resource and no Procurement resources. 8.7 Best Value and Transformation No implications. 8.8 Property No implications. 8.9 Information Communications/Technology/Digital No implications. 8.10 Equalities, Social Inclusion and Economic Impact The energy efficiency proposals set out in this report will be targeted to the homes of fuel poor households. 8.11 Climate Change and Biodiversity Impacts The aims of the energy efficiency programme are closely aligned to the aims of the Local Housing Strategy, the Council’s Climate Change Strategy, and Local Heat and Energy Efficiency Strategy (LHEES). 9. CONSULTATION 9.1 This report has been prepared in consultation with the Head of Housing, Property and Communities, the Chief Finance Officer, the Service Manager, Housing Strategy, the Housing Asset Manager, G. Anderson (Legal Services Senior Solicitor), the Principal Climate Change Strategy Officer and L. Rowan (Committee Services Officer) and any comments made have been incorporated into the report. 10. BACKGROUND PAPERS 10.1 Held by Ivor McIvor, Private Sector Housing Manager. Page 72
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Moray Affordable Housing Investment Programme Moray Affordable Housing Investment Programme Appendix I Page 73
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