Agenda Document Pack - Housing and Community Safety Committee - 18/11/2025
Moray Council · 18 November 2025
Back to Housing and Community Safety Committee — 18 November 2025 and its agenda
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Housing and Community Safety Committee Tuesday, 18 November 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, 18 November 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 Item 14 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 9 September 2025 7 - 12 5. Written Questions ** 6. Housing and Property Budget Report to 30 September 2025 Report by Executive Director Education Housing and Communities 13 - 24 7. Housing Investment Plan Update to 30 September 2025 Report by Executive Director Education, Housing and Communities 25 - 38 Page 1
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8. Performance Report (Housing and Property Services) - Period to September 2025 Report by Executive Director Education, Housing and Communities 39 - 46 9. Scottish Social Housing Charter Compliance Report by Executive Director Education, Housing and Communities 47 - 54 10. Strategic Housing Investment Plan (SHIP) 2026-27 to 2030- 31 Report by Executive Director Education, Housing and Communities 55 - 60 11. Rent Management Policy Review Report by Executive Director Education, Housing and Communities 61 - 90 12. Domestic Abuse Policy Report by Executive Director Education, Housing and Communities 91 - 120 13. Common Repairs Policy Review Report by Executive Director Education, Housing and Communities 121 - 150 Item(s) which the Committee may wish to consider with the Press and Public excluded 14. Building Services Budget 2025-26 - Budget Monitoring [Para 9] • 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, 09 September 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Tracy Colyer, 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 Councillor James Allan, Ms Alison Angus, Ms Beverley Davenport IN ATTENDANCE Executive Director for Economy, Enterprise and Operations, Executive Director for Education, Housing and Communities, Head of Housing, Property and Communities, Service Manager for Housing Strategy, Service Manager for Building Services, Service Manager for Housing Operations, Service Manager for Home Improvements, Martin Gray, Senior Housing Officer, Georgina Anderson, Senior Solicitor and Lissa Rowan, Committee Services Officer 1 Chair The meeting was chaired by Councillor Amber Dunbar. 2 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. 3 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. Item 4. Page 7
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Para Number of the Minute Para Number of Schedule 7a 11 Para 9 - Information on terms proposed or to be proposed by or to the Authority. 12 Para 6 – Information relating to the financial or business affairs of any particular person(s) Para 9 - Information on terms proposed or to be proposed by or to the Authority. 4 Minute of meeting of 24 June 2025 The minute of the meeting of the Housing and Community Safety Committee dated 24 June 2025 was submitted and approved. 5 Written Questions The Committee noted the following written question submitted by Councillor Keith and the Council's response thereto: How many units of temporary accommodation for homeless people does Moray Council currently have? (Please exclude Women’s Refuges from the figure.) Of these units, how many i. Have been used for this purpose for under 2 years? ii. Have been used for up to 5 years? iii. Have been used for over 5 years? iv. How many of the units are in Elgin? What consideration has housing management given to community cohesion where a neighbourhood has temporary accommodation units within it? What guidelines is the Housing Department using when considering when to return a property to permanent residency rather than keeping it as a temporary unit? RESPONSE How many units of temporary accommodation for homeless people does the Moray Council currently have? (Please exclude Women’s Refuges from the figure.) 78 units. (this figure excludes hostel type /supported accommodation - 13 units in total managed by Moray Women’s Aid, 10 units at Guildry House, Elgin, 9 units at Cameron Parkbrae, Elgin and 13 units at St. Andrews Square, Buckie). Of these units, how many i. Have been used for this purpose for under 2 years? - 11 ii. Have been used for up to 5 years? - 42 iii. Have been used for over 5 years? - 36 iv. How many of the units are in Elgin? - 24 The Homelessness: Code of Guidance (Scotland) states: Page 8
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“8.55 Where a local authority is using its own stock to provide temporary or transitional accommodation, it should ensure that this allows a balance to be struck with duties to provide permanent accommodation to other applicants. A regular turnover of council properties used for temporary accommodation should be considered, to avoid particular dwellings being identified and possibly stigmatised as 'homeless accommodation', while allowing a cost-effective life span for individual properties. Local authorities may also wish to consider engaging the local communities in which these properties are located in order to counter any negative stereotyping of those experiencing homelessness.” In 2011 the Communities Committee agreed to allow Officers the discretion to strategically manage and reconfigure the number of properties (stock) that the service uses for temporary accommodation based on the following criteria: • Analysis of homeless trends; • Monitoring level of needs; • Cost of temporary accommodation; and • Reviewing location, size and concentration of existing stock. The number of Council properties used for temporary accommodation is reviewed monthly by senior officers in our Housing Needs Team. It will include consideration of rotating temporary accommodation units which will result in: • Properties moving from mainstream to temporary accommodation; • Properties moving from temporary accommodation to mainstream as a result of either: o The property becoming void; or o The current temporary tenant’s Homeless Persons Lease (HPL) being converted to a Scottish Secure Tenancy Agreement (SST) or a Short Scottish Secure Tenancy Agreement (SSST) – “flipping tenancies”. These reviews will always have community cohesion in mind whilst underpinning our allocation’s policy’s aim of promoting successful, safe and sustainable communities and social inclusion. It is worth noting that on several occasions, we have “handed back” dispersed temporary housing to mainstream permanent housing when there has been a record of anti-social behaviour from successive tenants from a particular address. We accept this is unfair for permanent tenants to endure and can lead to the address being stigmatised. As a follow up question, Councillor Keith stated that he was aware of one property that had had 30 different tenants over the last 8 years and was concerned that this property may become known as the "homeless" property. He acknowledged the need for temporary accommodation however sought confirmation that these properties were rotated. In response, the Head of Housing, Property and Communities advised that the Service would respond to any issues reported however confirmed the need to have suitable properties for temporary accommodation. 6 Housing and Property Services Budget Monitoring Report to 30 June 2025 Page 9
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Under reference to paragraph 4 of the Minute of the meeting of Moray Council dated 26 February 2025, the meeting had before it a report by the Executive Director for Education, Housing and Communities asking the Committee 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. Following consideration, the Committee unanimously agreed to note the budget monitoring report for the period to 30 June 2025. 7 Consultative Draft Local Housing Strategy 2025-2030 Under reference to paragraph 9 of the Minute of the meeting of this Committee dated 24 June 2025, the meeting had before it a report by the Executive Director for Education, Housing and Communities, seeking approval of the consultative draft Local Housing Strategy (LHS) 2025-2030 and consent to begin public consultation. During her introduction, the Service Manager for Housing Strategy advised that the date of the consultation period had been pushed back 1 week to avoid a clash with a consultation on the rent arrears policy. This was noted. Following consideration, the Committee unanimously agreed to: (i) approve the consultative draft LHS for public consultation; (ii) note the draft LHS Integrated Impact Assessment available at Appendix I; (iii) a period of public consultation on the consultative draft LHS from 17 September to 14 November 2025; and (iv) note that the final LHS will be presented to the Committee on 12 March 2026 for agreement, prior to publication. 8 Rent Arrears Policy Review Under reference to paragraph 10 of the Minute of the meeting of this Committee dated 24 June 2025, the meeting had before it a report by the Executive Director for Education, Housing and Communities asking the Committee to consider and approve the contents of the Council's draft Rent Recovery Policy and approve it to progress for public consultation. During discussion, surrounding the title of the policy, it was queried whether Rent Management was a more appropriate name instead of Rent Recovery. In response, the Service Manager for Housing Operations agreed to consider renaming the policy Rent Management instead of Rent Recovery. During further discussion surrounding the composition of the Rent Recovery Review Group, it was noted that this was made up of officers and managers and it was queried whether tenants could also be included. In response, the Service Manager for Housing Operations agreed to include the Tenants Forum in the Rent Recovery Review Group. Page 10
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Thereafter, the Committee unanimously agreed: (i) to approve the revised draft Rent Recovery Policy as set out in Appendix I whilst noting that consideration will be given to renaming the policy to Rent Management instead of Rent Recovery; (ii) that a consultation exercise on the revised Rent Recovery Policy is undertaken, as set out in Section 5; (iii) to note 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; and (iv) that the Tenants Forum would be included in the Rent Recovery Review Group. 9 Scottish Social Housing Charter Compliance The meeting had before it a report by the Executive Director for Education, Housing and Communities informing the Committee of compliance with the Scottish Social Housing Charter and the Scottish Housing Regulator's Regulatory Framework. Following consideration, the Committee unanimously agreed to: (i) approve the draft assurance statement as set out in Appendix I of the report; and (ii) notes that a summary of performance on the key Annual Return on the Charter (ARC) indicators against national/benchmarking results will be presented to the Committee on 18 November 2025. 10 Moray Home Energy Efficiency Programme Under reference to paragraph 10 of the Minute of the meeting of this Committee dated 10 September 2024, the meeting had before it a report by the Executive Director for Education, Housing and Communities asking the Committee to note progress on the Moray Home Energy Efficiency Programme and to agree future actons. During his introduction, the Service Manager for Home Improvements asked the Committee to note 2 corrections in the report, the first at paragraph 3.1 ii) which should read section 7 and the next at paragraph 5 which should read 24/25. This was noted. Following consultation, the Committee unanimously agreed: (i) to note the progress made on the delivery of the Moray Home Energy Efficiency Programme; and (ii) the approaches to delivery of the programme detailed in Section 7 of the report. 11 Building Services Budget 2025-26 - Budget Monitoring [Para 9] Page 11
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Under reference to paragraph 7 of the Minute of the meeting of this Committee dated 6 May 2025, the meeting had before it a report by the Executive Director for Education, Housing and Communities presenting the budget monitoring information for the period to 30 June 2025 for the Building Services Trading Operation. Following consideration, the Committee agreed to note: (i) the financial information for the period to 30 June 2025, as detailed in section 6 and Appendix I of the report; and (ii) Building Services operating performance for the period to 30 June 2025, as set out in Section 7 of the report. 12 Report on Tender - Speyview Aberlour Phase 2 [Paras 6 and 9] The Head of Housing, Property and Communities left the meeting at this juncture to avoid any potential conflict of interest. Under reference to paragraph 9 of the Minute of the meeting of this Committee dated 19 November 2024, the meeting had before it a report by the Executive Director for Education, Housing and Communities asking the Committee to authorise acceptance of the tender. Following consideration, the Committee unanimously agreed to: (i) accept the tender received from Springfield Properties plc for Speyview, Aberlour Phase 2, subject to confirmation of grant funding; (ii) note that progress on the delivery of the Council’s new build programme will be reported to a future meeting of the Housing and Community Safety Committee; and (iii) authorise appointment of consultancy, in partnership with Highland Council, to develop Affordable Housing Total Cost Benchmarks. Page 12
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Report to: Housing and Community Safety Committee Meeting Date: 18 November 2025 Report by: Executive Director Education, Housing and Communities Author: Edward Thomas Contact Email: edward.thomas@moray.gov.uk Subject: Housing and Property Services Budget Monitoring to 30 September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to note the budget position for the Housing Revenue Account (HRA) and General Services Housing and Property Budget for the period up to 30 September 2025, as well as a projected outturn for the financial year 2025/26. 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 sets out the position for the HRA and General Services Housing and Property budgets to 30 September 2025, comments on the variances on these budgets and provides a projected outturn for the financial year 2025/26. 3. RECOMMENDATIONS 3.1 It is recommended that Committee considers and notes the budgetary position for the period to 30 September 2025, consisting of an overspend of £283k for the HRA and an underspend of £81k for General Services Housing and Property. Edward Thomas Head of Housing, Property and Communities 4. BACKGROUND AND CONTEXT 4.1 Moray Council agreed the HRA Budget for 2025/26 at the meeting on 26 February 2025 (paragraph 4 of the Minute refers). Housing and Property budget monitoring reports are presented quarterly. Item 6. Page 13
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5. HOUSING REVENUE ACCOUNT TO 30 SEPTEMBER 2025 5.1 Appendix I details the HRA budget position to 30 September 2025. The HRA budget for the period to 30 September 2025 is as follows, including variances arising: Budget to 30/09/2025 Actual to 30/09/2025 Variance to 30/09/2025 £,000 £,000 £,000 7,272 7,262 10 5.2 The HRA budget for the period to 30 September 2025 is as follows, including variances arising: Annual Budget Budget to 30/09/2025 Actual to 30/09/2025 Variance to 30/09/2025 £,000 £,000 £,000 Supervision and Management 2,750 2,622 128 Sheltered Housing 36 23 13 Repairs and Maintenance 4,245 4,543 (298) Bad and Doubtful Debts 50 28 22 Downsizing Incentive Scheme 36 25 11 Service Development 155 21 134 5.3 The key expenditure variances to 30 September 2025 are summarised below. 5.4 Supervision and management – there are a range of variations within this budget resulting in a net underspend of £128k. This includes underspends in staffing (£195k), arising from vacancies being higher than budgeted provision, £26k for software due to invoice timing, £9k for training and £14k in other minor underspends. This was partially offset by overspends in voids (£60k) arising from increased costs of refurbishment and Council Tax on void properties (£42k). 5.5 Sheltered Housing – there was an underspend of £13k in the sheltered housing budget, arising from an underspend in energy costs (£15k), partially offset by £2k in minor budgetary overspends. 5.6 Repairs and maintenance – there was an overspend of £298k in the repairs and maintenance budget, arising from higher than anticipated expenditure on planned/cyclical maintenance (£528k), predominantly external decoration/fabric repairs, electrical upgrades and estate upgrades and higher than budgeted voids expenditure (£135k), which were partially offset by lower than budgeted response repairs (£365k). It is anticipated that a proportion of the overspends which have initially been posted to the revenue budget will Page 14
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subsequently be recoded as capital expenditure. A detailed report of the Building Services activity is provided on this agenda. 5.7 Bad and doubtful debts – there was an underspend of £22k against provision for bad and doubtful debts, based on write-offs for only Q1 of the reporting year, with Q2 to follow. 5.8 Downsizing Incentive Scheme – there was an underspend of £11k arising from slightly lower activity in the first half of the year. 5.9 Service Developments – there is an underspend of £134k, partly arising from the lead-in time to appointing to various posts approved in previous reporting cycles. Provision for tenancy sustainment not being considered until the second half of the budgetary year. 5.10 HRA income for the period to 30 September 2025 is as follows: HRA Income 2025/26 Budget to 30/09/2025 Actual to 30/09/2025 Variance to 30/09/2025 £,000 £,000 £,000 Non-dwelling rents 150 151 1 House Rents 14,533 14,145 (388) Other Income 90 184 94 Total Income 14,773 14,480 (293) 5.11 The income at 30 September 2025 was £293k lower than expected. This is due mainly to the continuation of rental discounts for properties with lower Energy Performance Certificate (EPC) bandings, pending the stock improvement works. It is acknowledged that the projections in this regard were overly ambitious with hindsight. 6. HRA PROJECTED OUTTURNS 2025/26 6.1 Appendix I also details projected outturns for 2025/26: Annual Budget Variance to 30/09/2025 Projected Outturn to 31/03/2026 Projected Variance to 31/03/2026 £,000 £,000 £,000 £,000 28,838 10 28,195 643 6.2 Supervision and management - An underspend of £135k is projected. This variance arises from an underspend in staffing costs arising from vacancy levels (£239k) and lower than anticipated software costs (£46k), partially offset by anticipated overspends in voids (£100k) and Council Tax on void properties (£50k), based on cost of refurbishment and higher premiums respectively. The voids expenditure in this budget arises from staffing, whereas the reference in paragraph 6.4 pertains to property costs. 6.3 Sheltered Housing – There is no variance currently projected. 6.4 Repairs and Maintenance - An overspend of £360k is projected. This is comprised of £285k in planned/cyclical works, given higher levels of activity and costs and £75k in property fees, attributable to the accelerated investment programme. Page 15
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6.5 Financing costs - An overspend of £783k is projected due to higher than estimated interest costs on borrowing and a lower proportion of the capital programme being funded from current revenue. 6.6 Bad and Doubtful debts – There is no variance currently projected. 6.7 CFCR - The level of Capital from Current Revenue (CFCR) is projected to be £1,651k lower than budgeted, in order to bring the year-end balance in line with the reserve provision. 6.8 Downsizing Incentive Scheme – There is no variance currently projected. 6.9 Service Developments – There is no variance currently projected. 6.10 Total expenditure on the HRA - Projected to be £643k lower than budgeted. 6.11 The key projected variances to 31 March 2026 are summarised below. Service Description Overspend (£000) Underspend (£000) Net Variance (£000) Supervision and Management 135 Repairs and Maintenance (360) Financing Costs (783) CFCR 1,651 TOTAL 643 6.12 Income Total income to the HRA is projected to be £626k lower than originally budgeted for 2025/26, with £580k less in rental income arising from the continuation of EPC discounts detailed in paragraph 5.11 and lower than anticipated interest on revenue balances (£117k), which will partially be offset by £71k in other income. 6.13 The key projected income variances to 31 March 2026 are summarised below. Service Description Overspend (£000) Underspend (£000) Net Variance (£000) House Rents (580) Income on Revenue Balances (117) Other Income 71 TOTAL (626) 6.14 Overall, a surplus balance of £2,250k is projected for the HRA budget in 2025/26. 7. GENERAL SERVICES HOUSING and PROPERTY BUDGET 7.1 Appendix II provides details of the budget position to 30 September 2025. 7.2 The General Services Housing and Property budget for the period to 30 September 2025 as follows: Page 16
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Annual Budget Budget to 30/09/2025 Actual to 30/09/2025 Variance to 30/09/2025 4,103 2,329 2,248 81 7.3 Planning and Development - consists of Improvement Grants and Affordable Housing budgets, including disabled adaptations. The position at 30 September 2025 shows an underspend of £14k, arising from an underspend in discretionary grants. 7.4 Housing Management – is currently on budget. 7.5 Homelessness/Allocations - comprises of Homelessness and Housing Support services. There was an underspend of £26k in this budget, comprised of underspends in Temporary Accommodation (£23k) arising from additional income from revised charges, and general homelessness (£11k), partially offset by an overspend of £8k in Housing Support. 7.6 Miscellaneous General Services Housing – comprises various small budgets for which there is currently a £19k underspend. 7.7 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. 7.8 The Property Services Budget - includes the budgets for the Design Team and Property Resources. There is an overall underspend of £22k to date. Within the Design Team there was an overspend of £92k, predominantly arising from lower than anticipated recharges for professional fees. Following the recent restructure, there will be a review of the budget allocations and fee projections in this area. Property Asset Management has a £114k underspend, predominantly arising from higher than budgeted income for industrial estates (£166k) and lower than expected repairs and maintenance (£93k), partially offset by an overspend in school repairs and maintenance (£167k). 7.9 The key expenditure variances to 30 September 2025 are summarised below. Service Description Overspend (£000) Underspend (£000) Net Variance (£000) Planning and Development 14 Homelessness/Allocations 26 Misc. General Services Housing 19 Property Services 22 TOTAL 81 7.10 As at 30 September 2025, the General Services Housing and Property budget shows a net underspend of £81k. 8. GENERAL SERVICES HOUSING and PROPERTY SERVICES PROJECTED OUTTURNS 2025/26 8.1 Appendix II also indicates the projected outturns for 2025/26: Page 17
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Annual Budget Variance to 30/09/2025 Projected Outturn to 31 March 2026 Projected Variance to 31 March 2026 4,103 81 4,015 88 8.2 Planning and Development – There is no variance currently projected. 8.3 Housing Management – There is no variance currently projected. 8.4 Homelessness/Allocations – There is no variance currently projected. 8.5 Miscellaneous General Services Housing – An underspend of £22k is projected, arising from lower than expected repairs and maintenance expenditure on certain properties. 8.6 Building Services – There is no variance currently projected. 8.7 Property Services - Projects an overspend of £77k. This is comprised of anticipated overspends in Design and Construction, largely due to lower than budgeted fee income. The service is working on controlling costs and increasing revenue in order to mitigate this position by year-end. 8.8 Housing and Property Savings – Staffing savings are anticipated to be £143k more than the budgeted provision. The service is also continuing to deliver savings to the general services budget: Housing and Property Proposed 25/26 £,000 Projected Outturn 25/26 £,000 Property - Take a more commercial approach to rent reviews (65) (65) Property - Close two corporate offices (50) (51) Elgin Community Centre (73) (33) Milne’s ASG – Building Services Pilot (10) (10) Building Services - Depot Rental (100) (112) Housing Improvement Grants (70) (70) Moray Women's Aid (26) (26) SACRO Guildry House (24) (17) LED & Solar (75) (30) Temporary Accommodation savings (42) (42) Smarter Working (68) 0 Out of Hours review (157) (118) (760) (574) 8.9 The projected variances in delivery of savings to 31 March 2026 are summarised below. Service Description Overspend (£000) Underspend (£000) Net Variance (£000) Page 18
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Property – Close two corporate offices 1 Elgin Community Centre (40) Building Services – Depot Rental 12 LED & Solar (45) SACRO Guildry House (7) Smarter Working (68) Out of Hours review (39) TOTAL (186) 8.10 The closure of offices has delivered £1k higher than anticipated savings and the review of rental charge for the DLO depot has delivered an additional £12k towards the savings target. At this stage the Smarter Working savings of £68k have not been delivered, however work on this project continues it is anticipated at least part of this will be achievable within he financial year, once cost reductions and revenue generation has been confirmed. The out of hours project has successfully delivered considerable savings and is being concluded and a full review of cost reduction and income generation will be available in Q3 of the reporting year, which will determine the extent to which the £39k can be delivered in-year. The LED and Solar programmes remain at an early stage of delivery and work is ongoing to fully determine net revenue savings arising from the reduction in electricity charges in-year. The savings for the supported accommodation service at Guildry House have been delivered, however are £7k lower than anticipated. 8.11 Overall, it is now projected that the General Services Housing Budget will underspend by £88k on the agreed budget. 9. SUMMARY OF IMPLICATIONS 9.1 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 9.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 19
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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 9.5 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. 9.6 Staffing There are no staffing implications arising from this report. 9.7 Best Value and Transformation There are no best value or transformation implications arising from this report. 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 9.3 Policy and Legal There are no policy or legal implications arising from this report. 9.4 Financial The financial implications of this report are considered in Section 5 -8 and detailed in Appendices I and II. Page 20
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9.8 Property There are no property implications arising from this report. 9.9 Information Communications/Technology/Digital There are no information communications/technology/digital implications arising from this report. 9.10 Equalities, Social Inclusion and Economic Impact There are no equalities/socio economic impacts arising from this report. 9.11 Climate Change and Biodiversity Impacts There are no climate change/biodiversity impacts arising from this report. 10. CONSULTATION 10.1 This report has been prepared in consultation with Finance staff, Chief Financial Officer, G. Anderson (Senior Solicitor), Senior Managers within Housing, Property and Communities and L. Rowan (Committee Services Officer) and any comments made have been incorporated into the report. 11. BACKGROUND PAPERS 11.1 Housing Revenue Account Annual Budget 2025-26 Housing and Property Services Budget Monitoring Report to 30 June 2025 Page 21
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APPENDIX I Housing Revenue Account Budget Monitoring to 30th September 2025 Service Description Annual Budget 2025-26 Budget to 30 Sept 2025 Actual to 30 Sept 2025 Variance to 30 Sept 2025 Projected Outturn to 31 Mar 2026 Projected Variance to 31 Mar 2026 Expenditure £,000 £,000 £,000 £,000 £,000 £,000 Supervision and Management 6,455 2,750 2,622 128 6,320 135 Sheltered Housing 66 36 23 13 66 0 Repairs and Maintenance 10,183 4,245 4,543 (298) 10,543 (360) Financing Costs 8,413 0 0 0 9,196 (783) Bad and Doubtful Debts 250 50 28 22 250 0 CFCR 3,089 0 0 0 1,438 1,651 Downsizing Incentive Scheme 72 36 25 11 72 0 Service Development 310 155 21 134 310 0 Total Gross Expenditure 28,838 7,272 7,262 10 28,195 643 Income £,000 £,000 £,000 £,000 £,000 £,000 Non-dwelling rents 275 150 151 1 275 0 House rents 28,034 14,533 14,145 (388) 27,454 (580) IORB 350 0 0 0 233 (117) Other income 179 90 184 94 250 71 Total Income 28,838 14,773 14,480 (293) 28,212 (626) Surplus / (Deficit) for the year 0 7,501 7,218 (283) 17 17 Accumulated Surplus Balance brought forward 2,233 Estimated Surplus Balance at 31 March 2,250 Page 22
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APPENDIX II General Services Housing and Property Monitoring to 30th September 2025 Annual Budget Actual and committed Variance Projected Projected Service Description Budget to to at Outturn Variance 2025-26 30 Sept 2025 30 Sept 2025 30 Sept 2025 2025-26 2025-26 £'000 £'000 £'000 £'000 £'000 £'000 Planning and Development 197 133 119 14 197 0 Housing Management 18 22 22 0 18 0 Homelessness / Allocations 1690 927 901 26 1690 0 Miscellaneous General Services Housing 111 76 57 19 89 22 Building Services 0 (221) (221) 0 0 0 Property Services 2105 1392 1370 22 2182 (77) General Services Housing and Property Savings 143 0 0 0 0 143 General Services Housing and Property Allocations (161) 0 0 0 (161) 0 General Services Housing and Property Total 4103 2329 2248 81 4015 88 Page 23
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Report to: Housing and Community Safety Committee Meeting Date: 18 November 2025 Report by: Executive Director Housing, Property and Communities Report No: Author: Neil Strachan Contact Email: Neil.strachan@moray.gov.uk Subject: Housing Investment Plan Update to 30 September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the progress on the Housing Investment Plan to 30 September 2025 and provide an update on the Housing and Property Scottish Housing Quality Standards (SHQS) Compliance Improvement Plan. 1.2 This report is submitted to Committee in terms of Section III G (3) of the Council’s Scheme of Administration relating to the maintenance of the Council’s housing stock. APPENDICES I – VI provides detailed spend in accordance with the unaudited draft figures for the investment programme. 2. SUMMARY 2.1 The report provides details of the progress of the housing investment programme during this financial year where overall spend to date is £13,699k representing 38% of the budget. The report further updates on the progress of the Scottish Housing Quality Standard (SHQS) and EESSH compliance improvement plan. 3. RECOMMENDATIONS 3.1 It is recommended that Committee considers and notes the: i) planned works which will improve the Council’s housing stock; ii) current progress of the improvement plan; and iii) plans to ensure compliance continues to improve. Neil Strachan Item 7. Page 25
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Service Manager – Property, Estates and Assets 4. BACKGROUND AND CONTEXT 4.1 The Council meeting of 26 February 2025 approved the Housing Revenue Account Annual Budget for 2025-26. APPENDIX I shows the approved budget for 2025/6, which is £36,443k. This report provides an update on the investment plan to 30 September 2025. 4.2 The Housing Investment Plan reflects the investment priorities which tenants identified within the most recent tenant survey and regulatory requirements. As of 1 September 2025, 50.19% of our stock met SHQS, compared with 80% of our peer group. Database compliance checks and uploads are currently ongoing, and it is anticipated that the overall compliance rate will improve as these updates are completed. APPENDICES I-VI and the below provide an outline of annual budget, commitment and variance to 30 September 2025. 4.3 APPENDIX I shows the total income and expenditure for financial year 2025/26. The figure shows that as at 30 September, end of Quarter 2, expenditure of £13,699k was achieved, which represents a spend of 38% against the £36,443k annual budget allocation. This represents an underspend attributed generally due to reduced tenant uptake in improvement works and mobilisation of contracts. Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September 2025 (£000’s) £36,377 £13,523 £22,854 4.4 APPENDIX II shows expenditure on Response and Void repairs. Spend is £2,262k to 30 September 2025. Overall expenditure to date is at 38% which is slightly underspent at quarter 2. The gas repairs are showing a significant underspend at 22% although this is not unsurprising as the period does not include the winter months. Void house repairs are on target and the projected outturn is expected to be on budget. Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September 2025 (£00’s) £6,000 £2,262 £3,737 4.5 APPENDIX III shows expenditure on Estate Works which has an annual budget of £740k. Current spend represents 47% of the budget is committed as at 30 September 2025. The largest spend was on the Estate Upgrade budget, which is already overspent by 4%. It is anticipated to have a yearend overspend of circa £263k. This additional spend is attributable to an increase in works via a combination of Estate Walkabouts and the clearing of a backlog of maintenance. Works in this area include car park repairs, external wall reinstatements, tree removals and fencing. An underspend on the asbestos budget will be used to ensure the overall Estate Works budget does not overspend and will project an underspend of £115k. Page 26
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Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September 2025 (£000’s) £740 £354 £386 4.6 APPENDIX IV shows the expenditure on Cyclical maintenance. Spend to 30 September 2025 is £756k which represents 43% committed with a remaining budget of £1,000k. The external decoration and fabric repair budget has 61% committed and will be controlled to ensure no overspend in this area. Overall this budget is expected to be underspent by £60k. Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September 2025 (£00’s) £1,756 £757 £1,000 4.7 APPENDIX V shows the planned maintenance and other investment split between Capital and Revenue spend. Overall, the capital spend was £9,311k to 30 September 2025, which represents 35% of the budget. The revenue spend is £677k representing 68% of the budget. It is expected that this budget will underspend by year end of £2,241k. Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September 2025 (£00’s) £27,947 £10,324 £17,634 This budget covers the main areas of improvement investment. Recognising that window replacement is a key tenant priority, the budget for this work was increased to £3m for the 2025/26 financial year. As of 30 September 2025, a total of 54 properties has received window upgrades, and 149 doors have been replaced. Windows and doors remain a high priority, and the Housing Asset Team is actively progressing procurement planning for the 2026/2027 programme to ensure continued delivery which aligns with tenant expectations. Insulation continues to be a priority and the budget allocation for 2025/26 is £750k. Spend within this planned budget is lower than expected, however this is balanced with the overspend on the EESSH insulation budget line which has delivered a total of 885 insulation measures. It should be noted that there is spend of £324k in the capital section against Electrical Upgrades. These are works directly connected with the improved certification of the stock required for SHQS compliance and had not been budgeted separately however will be covered by underspends within the capital budgets. In respect of revenue spend External Decoration and Fabric repairs has a large underspend, however work is now onsite, and the budget is anticipated to be fully committed at year end. Electrical Upgrades has a significant overspend which again is in relation to the additional certification that be required for SHQS compliance. The expected overspend of circa £450k will be partly met by underspends in other revenue budgets state above however there is expected to be a revenue overspend of circa £250k. 4.8 APPENDIX VI shows the income and expenditure for Private Sector Housing Grants to 30 September 2025. Page 27
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Annual Budget (£000’s) Spend to 30 September 2025 (£000’s) Variance to 30 September2025 (£00’s) 43 22 21 5. HOUSING AND PROPERTY IMPROVEMENT PLAN UPDATE 5.1 A programme of electrical inspection and certification to meet the enhanced requirements of Scottish Housing Quality Standard (SHQS) has continued to be undertaken in the course of 2025/26. Over 90% of properties have now been visited with full SHQS compliance recorded in 73% of the housing stock. The electrical upgrade budget is £150k, however, as stated above to meet EICR remedial work and additional electrical upgrades has resulted in an overspend. 5.2 The second key component of SHQS, is the Energy Efficiency Standard for Social Housing (EESSH) compliance. As of 31 September 2025, 73.3% of Moray Council housing stock meets the EESSH standards. However, it is important to note that changes to the EPC calculation methodology (RDSAP 10) introduced in mid-June 2025 may affect future compliance. These changes could require additional energy efficiency measures to ensure properties achieve the revised EPC ratings. The Housing Asset Team is currently reviewing the impact of these changes and will identify appropriate actions to maintain and improve compliance. 5.3 The improvement action plan as reported to this Committee on 7 May 2024 has continued to deliver programmed works to a number of properties (para 9 of the Minute refers). The delivery model identified improvements across three management areas: 1) Moray East 2) Moray Central 3) Moray West 5.4 The programme has continued in 2025/2026, with a budget of £17,200k allocated with £5,483k committed to date, however, in appendix V it should be noted for financial reporting purposes some of the spend has been split between the budget headings of Kitchens and Bathrooms, Bathroom Replacements, Central Heating and Doors and Windows. The budget will ensure that the programme continues to deliver until the end of the financial year in 2025/26, delivering further on kitchen, bathrooms, heating upgrades and insulation upgrades across the housing stock. This programme has delivered the following improvements so far: 341 Heating installations 268 Kitchen upgrades 290 Bathroom upgrades 273 Loft top up insulations 261 Internal wall insulations 351 Cavity wall insulations 27 Solar /PV Page 28
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5.5 In addition to this, a sperate programme of works in relation to properties in the Pinegrove area of Elgin has recently commenced. A programme of improvements including cavity wall insulation, heating and kitchen upgrades will be undertaken. Spend on this project to date is £73k and anticipated outturn is in the region of £3m. 5.6 As the range of retrofit measures continues to be implemented across all areas of the accelerated programme. It has been noted that, gaining access to properties and tenant refusal for upgrade works has become increasingly challenging. This has impacted the pace of delivery. As a result, contract durations are being extended to accommodate these access issues and provide time for officers and contractors to work with tenants to help ensure all properties can receive these improvements. 5.7 The SHNZ project has now completed and successfully delivered £3.1m worth of energy efficiency improvements across Moray’s housing stock. These upgrades include insulation, air source heat pumps, and battery storage systems, contributing significantly to the Council’s net zero ambitions and moving properties toward the required EPC standard. However, despite this progress, 90 tenants declined the upgrades offered, which has impacted Moray Councils ability to achieve the targeted Energy Performance Certificate (EPC) ratings for those properties. These homes will be earmarked for future engagement and inclusion in subsequent retrofit contracts. The SHNZ project was formally closed on 27 October 2025. 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. Page 29
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☒ 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 Council undertakes maintenance and improvement works to ensure compliance with statutory legal obligations and in alignment with current policies and best practices. 6.4 Financial The financial implications associated with this report are detailed in paragraphs 4.1 to 5.7. The planned level of spend achieved in 2025/26 is as set out in APPENDIX I. 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 Failure to expend agreed budgets have affected the Council’s ability to maintain stock at the SHQS, replace life expired elements and attain the EESSH. Budget Managers are aware of responsibilities for managing budget allocations and approval for variance will be sought from Committee in line with the Financial Regulations. There is a risk of not delivering the scale of improvement sought in 2025/26, notwithstanding the additional resourcing of the accelerated programme. There is a corresponding risk of increased regulatory scrutiny if the Council does not meet the SHQS requirements. 6.6 Staffing There are no specific implications with this report 6.7 Best Value and Transformation There are no specific implications with this report 6.8 Property Page 30
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The improvement and maintenance of the housing stock will ensure that it remains sustainable in the longer term both physically and environmentally. 6.9 Information Communications/Technology/Digital There are no specific implications with this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities issues associated with this report, as it is to inform the Committee on budget monitoring. 6.11 Climate Change and Biodiversity Impacts The continued investment in the Council Owned Housing Stock identified in this report has contributed to Moray Council achieving its climate change targets by utilising a range of energy saving measures that incorporate zero or low carbon into design, construction materials and systems that support the Council in achieving The Energy Efficiency Standard for Social Housing (EESSH). 7. CONSULTATION 7.1 This report has been prepared in consultation with The Head of Housing, Property and Community Services, Service Manager Building Services, Chief Financial Officer, G. Anderson, Senior Solicitor Legal 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 None Page 31
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APPENDIX I INVESTMENT PROGRAMME INCOME AND EXPENDITURE 2025/26 30 September 2025 (All amount in £0’000) Annual budget 2025/26 Expenditure to date % budget balance Budget balance Projected outturn to 31 March 2026 Expenditure Response, Gas and Void Repairs 6000 2,262 38% 3,672 5,934 Estate Works 740 353 48% 387 625 Cyclic Maintenance 1,756 756 43% 1000 1696 Planned Maintenance (Revenue) 974 670 69% 304 1434 Planned Maintenance (Capital) 26,522 9,311 35% 17210 24,272 Other Investment 451 347 77% 104 451 Sub total 36,443 13,699 38% 22,744 34,412 Other Capital expenditure New build – capital costs 14,117 3,968 Total 14,117 3,968 Funded by HRA revenue 9,921 4,389 Government grant 9,285 3,430 Use of Council tax discount 650 0 Prudential borrowing 27,505 9,669 Other Grants 0 179 Capital receipts 0 0 C.F.C.R 3,199 0 Total 50,560 17,667 Page 32
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APPENDIX II INVESTMENT PROGRAMME EXPENDITURE 2025/26 30 September 2025 (All amounts in £0,000) RESPONSE AND VOIDS REPAIRS Annual budget 2025/26 Expenditure plus commitment to date %expenditure plus committed to date Budget balance Projected outturn to 31 March 2026 West area 969 371 38% 598 969 East area 1,521 410 27% 1,111 1521 Central area 874 374 43% 500 874 Void house repairs 1,934 965 50% 969 1934 Voids Decoration voucher 66 0 0 66 66 Gas heating repairs 636 142 22% 494 636 6,000 2,262 38% 3,672 6,000 Page 33
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APPENDIX III INVESTMENT PROGRAMME EPENDITURE 2025/26 30 September 2025 (all amounts in £’000) ESTATE WORKS Annual budget 2025/26 Expenditure plus commitment to date %expenditure plus committed to date Budget balance Projected outturn to 31 March 2026 Garage Upgrades 28 5 18% 23 5 Asbestos 383 11 3% 372 20 Landscape Maintenance 92 88 96% 4 100 Estates/forum upgrades 237 247 104% -310 500 740 351 47% -389 625 Page 34
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APPENDIX IV INVESTMENT PROGRAMME EPENDITURE 2025/26 30 September 2025 (all amounts in £’000) CYCLIC MAINTENANCE Annual budget 2025/26 Expenditure plus commitment to date %expenditure plus committed to date Budget balance Projected outturn to 31 March 2026 Gas Servicing 432 164 38% 268 432 Solid fuel servicing 16 9 61% 6 16 Air source heat pump servicing 67 27 40% 40 67 Smoke detector servicing 116 13 11% 103 116 External decoration and Fabric Repairs 860 527 61% 333 860 Servicing fans, windows etc 30 16 53% 14 30 PIV 50 0 0 50 50 Solar and battery 25 0 0 25 25 Fire Risk Assessments and Associated works 160 1 0.04% 159 100 1,756 757 43% 1000 1,696 Page 35
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APPENDIX V Investment Programme expenditure 2025/26 30 September 2025 (all amounts in £’000) PLANNED MAINTENANCE and OTHER INVESTMENT Annual Budget 2025/26 Expenditure plus commitments to date % expenditure plus committed to date Budget Balance Projected outturn to 31 March 2026 Kitchens and Bathrooms 1,300 495 38% 805 1,300 Bathroom Replacements 620 393 63% 227 620 Central Heating 1,900 1,353 71% 547 1,900 Doors and Windows 3,000 931 31% 2,069 3,000 EESSH - Insulation 750 82 11% 668 750 EESSH and Solar batteries 350 50 14% 300 150 EESSH - Social Housing Net Zero Fund 150 798 532% -648 850 EESSH / EESSH 2/ Insulation 16,700 4,635 28% 12,065 14,500 Electrical upgrade 0 324 100% -324 600 Major works 700 3 1% 697 300 Roof replacements 1,052 247 23% 805 1,052 Sub Total (Capital) 26,522 9,311 35% 17,211 24,272 Rainwatergoods 299 117 39% 182 299 Rainwatergoods - Roof Moss Cleaning 239 110 46% 129 239 Plumbing Upgrades 62 11 18% 51 62 Electrical Upgrades 150 318 212% -168 600 Insulation 0 13 100% -13 0 Safety and Security 26 10 38% 16 26 Sheltered Housing 12 7 58% 5 12 Decoration Vouchers 124 64 52% 60 124 Shower Installations 62 17 27% 45 62 Sub Total (Revenue) 974 667 68% 307 1,434 Disabled Adaptations 400 236 59% 164 400 Enabling Projects 51 111 218% -60 51 Sub Total (Other Investment) 451 346 77% 105 451 Total 27,947 10,324 37% 17,623 25,706 Page 36
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APPENDIX VI PRIVATE SECTOR HOUSING GRANT SCHEME OF ASSISTANCE – 2025/26 Annual budget 2025/26 Expenditure to date Balance Legally committed Anticipated year end spend CATEGORY Independent Living Category C 43,000 22,000 21,000 43,000 43,000 CATEGORY DESCRIPTIONS Category C Grant Assistance to aid independent living – House condition works Page 37
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Report to: Housing and Community Safety Committee Meeting Date: 19 November 2025 Report by: Executive Director Education, Housing and Communities Author: Iain Sneddon Contact Email: performance@moray.gov.uk Subject: Performance Report (Housing and Property Services) – Period to September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to scrutinise performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required. 1.2 This report is submitted to the Committee in terms of section III (A) (4) of the Council’s Scheme of Administration to monitor performance in accordance with the Council’s Performance Management Framework. 2. SUMMARY 2.1 The report identifies the progress of Service Plan Actions and Performance Indicators highlighting areas of good progress and areas where there have been challenges. Mitigations and actions taken to address challenges are detailed within the body of the report. 2.2 Quarter 2 performance indicator results, and complaint data was not available at the time of reporting, therefore narrative relates to quarter 1 data. Service Plan action updates relate to quarter 2 or quarter 1 where progress remains unchanged. Item 8. Page 39
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2.3 The Service Plan has been designed as a 3-year Service Plan (2025-28) with several actions carried forward from the previous plan already well progressed. At the end of September, service plan actions are 37% complete and with most actions progressing well. Strategic Level actions are progressing as expected at this early stage of the plan. Of the nine Service Level actions, one has completed by due date and apart from one missed milestone, the remaining eight actions are progressing well. 2.4 3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinises performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required. RAG Delivery of the Housing, Investment and Affordable Housing Supply programmes 25% Reducing the number of children in temporary accommodation, the duration of homelessness for families and the impact of homelessness on children 25% Review of Depot & Stores 16% Systematic Review of Housing Repairs 57% Housing Needs 55% Energy Efficiency within Building and Housing Stock 40% Gas Scheduling System 70% Review of Teams 63% Workforce Health & Wellbeing 50% 38% Data not available - Data not yet published or unavailable due to reporting timescales. SERVICE PLAN PRIORITIES SERVICE LEVEL STRATEGIC LEVEL OVERALL PLAN PROGRESS Comment By the end of the reporting period (30 September 2025) the plan is making good progress, a number of Actions were carried forward from 2024/25, hence some areas are well progressed. 8 3 3 9 6 SERVICE PLAN PI'S Achieving Target Within Target Below Target Data Only Data not available 29 Page 40
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Iain Sneddon Research and Information Officer 4. BACKGROUND AND CONTEXT 4.1 Each service plan sets out the planned strategic and service level priorities and outcomes it intends to deliver in the coming year aligning closely with financial planning, corporate and community planning partnership strategic priorities. 4.2 Service Plan actions are weighted to reflect priority ratings. Actions with higher priorities receive greater weightings which contribute more to the overall delivery of the Plan. Progress on Service Plan priorities and outcomes and key areas of operational performance is reported by exception, highlighting successes and giving assurances around the challenges and actions to support. Links to Service Plan Actions, priority ratings and weightings and Performance Indicators can be accessed within the background papers section of this report. 4.3 Progress on Service Plan priorities and outcomes and key areas of operational performance is reported by exception, highlighting successes and giving assurances around the challenges and actions to support. Links to Service Plan Actions and Performance Indicators can be accessed within the background papers section of this report. 4.4 Complaints are reported in terms of time taken to respond, outcomes and learning points. Links to Complaints tables can be accessed within the background papers section of this report. 4.5 Latest Local Government Benchmarking Framework (LGBF) results for 2024/25 are published throughout the year with final refresh of data around June 2026. The full suite can be view via the LGBF Dashboard. Published indicators for this service have been incorporated with the relevant section of this report depending on whether used to evidence progress against strategic, service level or service performance priorities. LGBF indicator targets and RAG status in the backing tables is now based on ranking thresholds aligning with exception reporting. 4.6 The Sustainable Development Statement was approved by the Corporate Committee on 5 November 2024 (para 16 of the Minute refers). The Statement draws out the way in which sustainable development is embedded in the Corporate Plan 2024-29 and wider corporate policies, strategies, and plans with progress being reported through several updates and reports, one of which is quarter 4 performance reporting. Service Plan actions and indicators that underpin the delivery of Sustainable Development Goals are highlighted in the backing table documents and comment where relevant is incorporated in Page 41
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this report. An overview of progress will be presented in the annual Corporate Plan progress update. 5. PROPOSALS Successes – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.1 The option appraisal for improvement of the gas service scheduling system completed during quarter 1. The new system was approved by Better Homes Board on 25 March 2025, and by Transformation Board on 4 June 2025. A detailed delivery plan is being developed by the provider and implementation is anticipated by December 2025. (Action HP25-5.4a and HP25-5.4b) 5.2 The review of the Refugee Resettlement Team change management plan is complete. The Refugee Resettlement Team have been fully integrated into the Housing Support Team. The recruitment of two Support Team staff and a Policy Officer are anticipated to be in post by December 2025 as planned. Both milestones aligned to this action have been achieved. (Action HP25-5.8b) 5.3 Housing Needs actions have progressed well. The Housing Need Demand Assessment (HNDA) will be used as a key evidence base following the development of the Local Housing Strategy (LHS). A consultative draft LHS 2025-30 was submitted to this committee on 9th September (item 7 of the agenda refers) with agreement to proceed to public consultation during quarter 3. The finalised report will be returned to this committee in quarter 4. (Actions HP25-5.2a and HP25-5.2b) Challenges and actions to support – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.4 Whilst the systematic review of housing repairs is progressing well, one key milestone to increase the proportion of repairs completed correctly the first time, by 5%, has been missed. Data at the end of quarter 1 shows that 88.4% of reactive repairs were carried out correctly the 1st time, against a target of 95%. The repairs improvement plan has been reviewed with a projected completion date extended to 31 December 2025, following some key staffing changes within the repairs scheduling team. The project managers secondment has also been extended to the revised date. (Action HP25-5.1a, PI H2.11, H2.9b, H2.10a, H2.10d, H2.10e) Complaints and MP/MSP Enquiries 5.5 67 complaints were received in quarter 1, similar to the amount received in quarter 1 of 2024/25 (64). 68 complaints were resolved during the period, with 76.5% (52) being either upheld or partially upheld, slightly less than the 83% in quarter 1 of 2024/25. 5.6 90% (61) of complaints were closed at frontline stage of which 67% (41) were upheld, 11% (7) were partially upheld and 22% (13) were not upheld. 70% (43) Page 42
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frontline complaints were closed within the 5-day target timescale with an average of 5 days to close all frontline complaints. 30% (18) of frontline complaints were granted an extension. 5.7 Four (6%) investigative complaints were closed within the period, without need of escalation. Of these four, two (50%) were partially upheld and two were not upheld. Three investigative complaints were escalated, with one being upheld, one partially upheld and the other not upheld. Four (57%) of the investigative and escalated complaints were closed within the 20-day target timescale. Two escalated complaints were granted extensions. 5.8 73% (38) of the complaints either upheld or partially upheld related to repairs or planned maintenance. For these complaints the emerging themes relate to providing effective communication, completing works within agreed timescales, and ensuring high standards of quality and safety in the services provided. 5.9 41 MP/MSP enquiries were received during quarter 1 2025/26 and 43 were closed, nine of those closed during the period were received prior to 1 April 2025. The areas where most enquiries were made were Housing needs with 63% (27) and Housing Services 23% (10) of all enquiries. Case Studies 5.10 Nothing to report Consultation and Engagement 5.11 Nothing to report 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 Page 43
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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 The Council has a statutory requirement to publish a range of information that will demonstrate that it is securing best value and assist in comparing performance both over time and between authorities where appropriate. 6.4 Financial There are none arising from this report. 6.5 Risk There are none arising from this report. 6.6 Staffing There are none arising from this report. 6.7 Best Value and Transformation How councils plan for, manage and report on performance is a key area of focus in external audit work, particularly on best value. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact Page 44
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An Equality Impact Assessment is not required as this report is to inform the Committee on performance. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Executive Director Education, Housing and Communities, the Head of Housing, Property and Communities, Service Managers, and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Service Plan Actions Performance Indicators Q1 2025/26 Service Performance Indicators Q1 2025/26 Service Complaints Q1 2025/26 Page 45
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Report to: Housing And Community Safety Committee Meeting Date: 18 November 2025 Report by: Depute Chief Executive Economy, Environment and Finance 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 To inform the Committee of the details of the Council’s 2024/25 performance following data published by the Scottish Housing Regulator and compliance with both the Scottish Social Housing Charter and 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 report provides an overview of Moray Council’s performance against the Scottish Social Housing Charter for 2024/25, as monitored by the Scottish Housing Regulator. It highlights compliance with regulatory requirements and compares key Annual Return on the Charter (ARC) indicators against national, local authority, and peer group benchmarks. The Charter aims to ensure quality housing services, value for money, and tenant engagement, and the Council is legally required to report annually on these measures. 2.2 Financial indicators are positive, with 100.5% rent collection, the lowest gross rent arrears among local authorities at 3.3%, and minimal rent loss from voids at 0.7%. Tenancy sustainment remains strong at 93.10%, and antisocial behaviour case resolution improved significantly to 93.2%, exceeding peer averages. While value-for-money perception is slightly below the Scottish average, ongoing investment in housing stock aims to improve this in future surveys. The report concludes that, despite some areas for improvement, Moray Council demonstrates strong overall performance and compliance with the Charter. Item 9. Page 47
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3. RECOMMENDATIONS 3.1 It is recommended that the Housing and Community Safety Committee: i) reviews the Council’s performance against the Scottish Social Housing Charter in 2024/25; and ii) notes the summary of performance on the key Annual Return on the Charter (ARC) indicators against national/benchmarking results. Martin D. Gray Senior Housing Officer (Information) 4. BACKGROUND AND CONTEXT 4.1 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, including the quality of and value for money of services, the standard of homes and the opportunities to participate in their landlord’s decision-making processes. 4.2 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 also produce a performance report for tenants and service users and submit an Assurance Statement by 31 October each year. 4.3 On 9 September 2025, this Committee approved the Assurance Statement for submission to the Scottish Housing Regulator. The Committee were also advised that a further report would be presented summarising 2024/25 performance on the key ARC indicators against national/benchmarking results along with a copy of the finalised Annual Performance Report (paragraph 9 of the draft Minute refers) which is available at http://www.moray.gov.uk/moray_standard/page_101335.html . 5. PERFORMANCE BENCHMARKING 5.1 A summary of the Council’s performance on key Charter indicators is outlined in the table in APPENDIX 1 and includes data published by the SHR and Scotland’s Housing Network (SHN). It should be noted that the average performance for local authorities tends to be below the Scottish average, which includes all social landlords (local authorities, housing associations and housing co-operatives). 5.2 OVERALL SATISFACTION Moray Council (at 81.7%) performs well in maintaining a positive customer/landlord delivery of services (Ind 1). We are below the Scottish average (86.9%) and slightly above the Local Authority average (80.8%). In relation to our peers’ (81.4%), we are on par. Page 48
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5.3 THE CUSTOMER/LANDLORD RELATIONSHIP Moray Council performs well in this category, match/exceeding Peer Group Average in 3 of the Indicators (2, 3 and 4). We do fall short of our 20-day target for responding to 2nd stage complaints at 28.29 days (Ind 3 and 4). 5.4 The 2024 tenant survey identified that 74.9% of tenants were satisfied with the opportunities given to them to participate in their landlord’s decision-making processes (Ind 5). This performance is lower than both the Scottish average (86.34%) and peer group average (78.0%). 5.5 HOUSING QUALITY AND MAINTENANCE Several changes have been made to the Scottish Housing Quality Standard (SHQS) in recent years. From January 2021, the energy efficiency element was updated to reflect the Energy Efficiency Standard for Social Housing (EESSH). The Scottish Government proposed a review for EESSH2 in 2023 to strengthen and realign the standard with the target for net zero heat in Housing to 2040. As such there was no requirement to report EESSH data this year again, however significant progress has been made to improve the housing stock’s energy efficiency through the Accelerated Capital Improvement Program. 5.6 At 31 March 2022, 6.3% of properties met the SHQS (Ind 6), following a reassessment of our SHQS compliance in relation to electrical inspections. This has increased from 22.6% in 2023/24 to 43.7% at 31 March 2025 but remains below target. Improvement has been hindered by factors such as the availability of qualified contractors. The program is however nearing completion, with the majority of properties having been inspected, and a program of remedial works being carried out. 5.7 Moray Council exceeded/matched Peer Group average in 4 of the Housing Quality and Maintenance Indicators, namely percentage of existing tenants satisfied with the quality of their home (Ind 7), average length of time taken to complete emergency repairs (Ind 8) and non-emergency repairs (Ind 9). Moray Council performs particularly well in Ind. 8, the average time to complete emergency repairs at 2.2 hours which exceeds the Scottish average of 4.0 hours and the peer group average of 4.1 hours. 5.8 During 2024/25, only 1 of the Council’s properties failed to meet gas safety check regulations (Ind 11). This was a unique situation and previously explained to the Committee. 5.9 NEIGHBOURHOOD AND COMMUNITY Applicants refused 32.4% (32.1% in 2023/24) of tenancy offers (Ind 14) which was more than the Scottish average of 23.0% (30.5% in 2023/24) and the peer group average of 29.8 (30.8% in 2023/24). A low refusal rate helps to minimise void periods and rent loss, but tenancy sustainment measures (Ind 16) benefit from allowing applicants choice. 5.10 Antisocial behaviour cases which were resolved within local target timescales (Ind 15) was low in 2023/24 (at 64.5%) compared to 2022/23 (76.3%). They are now significantly higher at 93.2% which means the Council is matching the Scottish Landlord average and exceeding the peer average of 93.1% and 78.3% respectively. Page 49
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5.11 ACCESS TO HOUSING AND SUPPORT Moray Council’s levels of Tenancy sustainment (Ind 16), where tenancies lasted for more than 12 months and percentage of referrals under Section 5 and other referral routes (Ind 24) exceed peer performance. Property turnover (% of lettable houses becoming vacant in the last year) was (at 6.7%) on par with our peer group and other local authorities (both at 6.8%). This is consistent with last year for Moray Council (at 6.6%), our peer group (6.7%) and Local Authorities (6.9%) 5.12 GETTING GOOD VALUE FROM RENTS AND SERVICE CHARGES The 2024 survey found that 78% of tenants feel their rent is good value for money (Ind 25). This is below the Scottish average of 81.68% and peer group average of 80.68%. It is hoped with the large investment made in enhancing the housing stock, this will be improved upon by the next survey scheduled for 2027. 5.13 The Council collected 100.5% (99.9% in 2023/24) of the total rent due (Ind 26) which is similar to our peers’ average of 100.3% (98.9% in 2023/24) and above the Scottish average of 99.5% (99.4% in 2023/24). This indicator includes both current and former tenant arrears in the calculation. 5.14 At 3.29%, the Council had the lowest level of gross rent arrears (Ind 27) of all Local Authorities (with over £1m rental income). South Ayrshire Council had the lowest last year and second lowest this year at 3.92%. Aberdeen City remained the highest with 17.86 (18.41% in 2023/24). The Scottish average was 4.8% (6.7% in 2023/24) and the peer group average was 7.8% (8.7% in 2023/24). 5.15 The rent lost through properties being vacant (indicator 18) in Moray matches last year 0.7% which is below the Scottish average of 0.8% and peer group average of 1.4%. 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)) Page 50
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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 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. Page 51
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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, Senior Managers within the Housing, Property and Community 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 Charter Data All Social Landlords Complete Dataset 2019-20 to 2024-25 https://shrpublicdata.blob.core.windows.net/csv/charter_public.csv Page 52
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APPENDIX 1 Table Key Index same as or better than the peer group average within 5% of the peer group average more than 5% below the peer group average ARC Ind. No. Description Moray Council 2024/25 Scottish Average 2024/25 Local Authority Average 2024/25 SHN Peer Group Average 2024/25 Overall Satisfaction 1 % of tenants satisfied with the overall service provided by their landlord 81.73% 86.85% 80.75% 81.44% The Customer/Landlord Relationship 2 % of tenants who feel their landlord is good at keeping them informed about their services and decisions 83.67% 89.98% 80.50% 83.87% 3 and 4 The average time in working days for a full response 1st stage (5 working days) 4.93 4.79 8.17 9.57 3 and 4 The average time in working days for a full response 2nd stage (20 working days) 28.29 21.39 36.71 55.50 5 % of tenants satisfied with the opportunities given to them to participate in their landlord's decision-making processes 74.87% 86.34% 76.02% 77.96% Housing Quality and Maintenance 6 % of stock meeting the Scottish Housing Quality Standard (SHQS) 43.67% 89.97% 78.47% 79.48% 7 % of existing tenants satisfied with the quality of their home 81.00% 84.72% 78.89% 81.31% 8 Average length of time taken to complete emergency repairs (hours) 2.41 3.13 3.97 4.12 9 Average length of time taken to complete non-emergency repairs (working days) 6.27 7.00 9.64 12.06 10 % of reactive repairs carried out in the last year completed right first time 89.05% 89.97% 89.60% 87.88% 11 Number of times you did not meet your statutory duty to complete a gas safety check 1 2.48 2.28 1.17 12 % of tenants who are satisfied with the repairs and maintenance service 78.14% 86.75% 84.98% 85.88% Page 53
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Neighbourhood and Community 13 % of tenants satisfied with the landlord's contribution to the management of the neighbourhood they live in 73.60% 84.23% 77.36% 80.73% 14 % of tenancy offers refused during the year 32.41% 22.98% 33.44% 29.83% 15 % of anti-social behaviour cases reported in the last year which were resolved 93.15% 93.64% 84.03% 78.30% Access to Housing and Support 16 % of new tenancies sustained for more than a year (all sources) 93.10% 92.01% 91.48% 91.80% 17 % of lettable houses that became vacant in the last year 6.74% 7.15% 6.83% 6.76% 22 % of court actions initiated which resulted in eviction 20.00% 31.63% 31.71% 40.42% 24 % of referrals under Section 5 and other referral routes 17.87% - 22.30% 15.23% Getting Good Value from Rents and Service Charges 18 % of rent due lost through properties being empty during the last year 0.72% 0.81% 1.38% 1.38% 25 % of tenants who feel that the rent for their property represents good value for money 78.00% 81.68% 80.06% 80.68% 26 Rent collected as % of total rent due in the reporting year 100.46% 99.53% 96.85% 100.25% 27 Gross rent arrears as a % of rent due for the reporting year 3.29% 4.79% 10.93% 7.78% 30 Average length of time taken to re-let properties in the last year (calendar days) 35.60 35.72 68.81 63.22 Page 54
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Report to: Housing and Community Safety Committee Meeting Date: 18 November 2025 Report by: Executive Director Education, Housing and Communities Author: Fiona Geddes, Service Manager Housing Strategy Contact Email: housingstrategy@moray.gov.uk Subject: Strategic Housing Investment Plan (SHIP) 2026/27 – 2030/31 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve the Council’s draft Strategic Housing Investment Plan (SHIP) 2026/27–2030/31. 1.2 This report is submitted to Committee in terms of Section III G (10) Council’s Scheme of Administration relating to the preparation and implementation of strategic housing plans. 2. SUMMARY 2.1 This report provides the Committee with details of the Council’s consultative draft SHIP 2026/27–2030/31 as submitted to the Scottish Government, in accordance with SHIP Guidance. The Committee is asked to approve the draft SHIP for publication and implementation. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) considers and comments on the draft SHIP ii) approves the consultative draft SHIP submitted to the Scottish Government on 30 October 2025; and iii) agrees that further progress reports on the SHIP are presented to this Committee as required Fiona Geddes Service Manager Housing Strategy Item 10. Page 55
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4. BACKGROUND AND CONTEXT 4.1 The Council has submitted its SHIP to Scottish Government annually since 2007. The SHIP sets out the Council’s priorities for investment in affordable housing to meet the housing supply targets and outcomes stated in the Local Housing Strategy (LHS). In setting local investment priorities, the SHIP is intended to guide the allocation of resources available for affordable housing in Moray. The SHIP identifies the housing projects prioritised by the Council for inclusion in the Moray Affordable Housing Programme. 4.2 On 7 May 2024 and again on 10 Sep 2024, the Committee approved a rationale for prioritisation of developments deliverable within RPA constraints (paragraphs 10 and 7 of the Minutes refer respectively). 4.3 On 19 November 2024, the Committee approved the Council’s current SHIP (2025/26 - 2029/30 for submission to the Scottish Government (paragraph 9 of the Minute refers). 5. MORAY SHIP 2026/27 – 2030/31 5.1 The consultative draft SHIP is available on the Council’s website at www.moray.gov.uk/ship. In common with previous practice, this version has already been submitted to the Scottish Government to comply with their deadline of 31 October 2025. However, they will only regard the SHIP as finalised after it has the approval of this Committee. 5.2 In summary, the SHIP will: • set out the Council’s investment programme for achieving LHS outcomes relating to increasing supply of affordable housing; • place an emphasis on deliverability when prioritising projects; • identify the resources required to deliver the investment priorities, including Scottish Government funding and other sources of public funding; and • enable the involvement of key stakeholders in the development and implementation of proposals. 5.3 The SHIP includes details of affordable housing completions over the last 5 years, disaggregated by location, and house size and type. 5.4 The investment priorities set out in the SHIP have been developed to fit with the consultative draft Local Housing Strategy 2025-30, as approved by this Committee on 9 September 2025 (Paragraph 7 of the draft Minute refers). 5.5 Prioritisation The primary considerations in the approach to prioritising this year’s SHIP have been: • availability of Scottish Government grant funding (RPA), • deliverability i.e. statutory consents in place and infrastructure constraints overcome • delivery of built units of affordable housing, over landbanking. Page 56
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5.6 In terms of geographical distribution, the SHIP seeks to allocate investment to areas where the demand for affordable housing is greatest. Accordingly, a significant proportion of funding has been directed to the Elgin Housing Market Area. This is due to the inclusion of specialist housing developments to meet a range of needs groups where Elgin is the preferred location. This provision will be rebalanced through future SHIPs. In general, the SHIP seeks to apportion provision across all housing market areas in accordance with the number of households wherever possible i.e. in the Buckie, Forres, Keith and Speyside Housing Market Areas. 5.7 Specialist Housing The LHS aims to meet the needs of households in need of specialist housing, especially older people, wheelchair users and people with learning disabilities. Section 5 of the draft SHIP makes provision for approximately 20% of units to be delivered as amenity housing and wheelchair accessible housing in the vast majority of the developments listed. The SHIP makes provision for; • housing with specialist on-site support for people with learning disabilities at Bilbohall, Elgin and Garmouth Road, Lhanbryde. • Housing with specialist on site support for people with mental health needs • An extra care development in Elgin, on a site currently undefined. 5.8 The approach to the size and type of properties that will be funded is set out in Section 4 of the draft SHIP and is unchanged from the previous year. 5.9 The SHIP includes developments with the potential to deliver housing suitable for key workers, primarily NHS clinical staff at Bilbohall and High Street, Elgin, in response to needs identified in the Housing Need and Demand Assessment 2023. These opportunities will require further detailed discussion with the NHS to progress. 5.10 Intermediate Tenures The LHS Affordable Housing Supply Target includes a target of approximately 13% of affordable units met as intermediate tenure. Intermediate tenure housing aims to provide an opportunity for low-income households to purchase a home, or an equity share in a home, or which aims to provide affordable rented accommodation to households in lower priority need categories on Housing Lists. The proposals at Findrassie, and High Street, Elgin include intermediate tenures (mid-market rent and/or shared equity) to promote tenure diversification. 5.11 Historic RPAs and out-turn spend for each of the last 5 years is available at Section 9 of the SHIP, available on the Council’s website. 5.12 At the time of writing, there was no confirmation of RPA for 2026/27 or beyond. The Scottish Government have given indications that slippage funding may be available from their wider Highlands and Islands programme but this is not guaranteed. As a result, the SHIP includes a substantial shadow programme to allow projects to be brought forward in the event of delay or should additional funding become available. 5.13 The SHIP includes a substantial shadow programme to allow projects to be brought forward in the event of delay or should additional funding become available. Page 57
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5.14 The SHIP provides details of other sources of funding that can be used to support the Moray programme, including income from Council Tax on empty homes arising from the reduction in discount from 50% to 10% which was ring-fenced for social housing totalling around £600k per annum, and commuted payments in lieu of affordable housing as required by planning policy. It is anticipated that income from commuted payments will continue to remain comparatively low. The approach to seeking commuted payments is set out in Section 9 of the draft SHIP. 5.15 The SHIP has been developed through a collaborative process involving primarily the Scottish Government, partner RSLs and local housing developers but also other Council services, particularly Health and Social Care Moray. 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 Page 58
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6.3 Policy and Legal The production of the Council’s SHIP helps the Council to meet statutory duties in respect of addressing housing need in Moray. 6.4 Financial There are no direct financial implications to the Council arising from this report. The SHIP provides details of the resources available to fund the supply of new affordable housing in Moray. 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 The major risks to the delivery of the Moray affordable housing programme have been assessed as part of the development of the SHIP. The SHIP provides high level details of proposed future investment in Council house building. The current macro-economic factors including high inflation, higher cost of borrowing, and workforce shortages, continue to adversely impact on the cost of development. Given the constraints on RSL and Council prudential borrowing, and on Scottish Government More Homes Division funding, pressure on costs presents a significant risk to progress on delivery. The lack of RPA beyond 2025/26 is a significant risk to larger developments where construction costs may extend beyond one financial year. Moray Council and RSL Boards may be unable to commit to a project if the Scottish Government funding commitment is unconfirmed. There is a risk that slippage or reduction in the programme will result in loss of Scottish Government More Homes Division grant funding to Moray, with the funds diverted to other LAs. 6.6 Staffing There are no implications arising from this report. 6.7 Best Value and Transformation There are no implications arising from this report. 6.8 Property There are no implications arising from this report. Page 59
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6.9 Information Communications/Technology/Digital There are no implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact The housing needs of equalities groups are identified in the LHS. The consultative draft LHS includes a draft Integrated Impact Assessment. The Moray Affordable Housing Programme seeks to deliver the housing priorities contained in the LHS. 6.11 Climate Change and Biodiversity Impacts The aims of this SHIP 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 subject to consultation with the Executive Director for Education; Housing and Communities; the Head of Housing, Property and Communities; the Head of Growth, Planning and Climate (Chief Planning Officer); the Service Manager Strategic Planning and Development; Chief Officer MIJB; the Chief Financial Officer; G. Anderson (Legal Services Senior Solicitor); the Service Manager Housing Need; the Service Manager Housing Operations and L. Rowan (Committee Services Officer). 8. BACKGROUND PAPERS 8.1 Approval of Consultative draft LHS 2025-2030 Approval of SHIP 2025/26 Page 60
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Report to: Housing and Community Safety Committee Meeting Date: 18 November 2025 Report by: Executive Director Education, Housing and Communities Report No: HPS036/25/EA Author: Emma Armit Contact Email: Housing.Policy@moray.gov.uk Subject: Rent Management Policy Review 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to note the results of the Rent Management Policy consultation and approve the Rent Management Policy for implementation. 1.2 This report is submitted to Housing and 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 the results of the recent Rent Management Policy consultation, any amendments made as a result of the consultation feedback and the final Rent Management Policy for approval and implementation. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) notes the recent consultation feedback results at APPENDIX I; and ii) approves the final revised Rent Management Policy for implementation APPENDIX II. 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 Item 11. Page 61
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further changes to the current Rent Arrears Policy on October 2013 (para 11 of the Minute refers) following the introduction of pre-action requirement protocols which afforded tenants further protection before facing rent arrears eviction under the Housing (Scotland) Act 2010 as well as additional supportive requirements under The Welfare Reform Act 2012. 4.2 On 12 February 2025 the Audit and Scrutiny Committee considered the Internal Audit review report on Housing Rents Collection and Arrears Management which recommended that the Rent Arrears Policy should be reviewed and if necessary updated along with any supporting operational procedures to ensure consistency (para 9 of the Minute refers). An overall deadline of 31 December 2025 was agreed with the Head of Housing, Property and Communities with a follow-up exercise scheduled for early 2026 to assess the progress made. 4.3 On 9 September 2025 Housing and Community Safety Committee approved the draft revised Rent Management Policy for a six week consultation period with consultation feedback informing the final policy development process (para 8 of the Minute refers). 4.4 The principal aims of the Policy are to prevent rental debt from the outset, where possible, while minimising levels of rent arrears in an effective and sensitive manner, helping tenants sustain their tenancies while preventing homelessness. This can only be achieved through timely, effective communication in relation to prevention, early intervention and targeted support. 5. CONSULTATION ANALYSIS AND FEEDBACK 5.1 A six-week consultation took place between 10 September 2025 and 22 October 2025 which included: • Online survey via the Housing Hub section of the new Moray Engage portal; • Publication of the revised Rent Management Policy along with an easy read version of the policy; • Targeted distribution to all tenants via email or letter depending on their preferred method of contact; • Promotion via the Council’s website, news and social media platforms • Requests for stakeholders’ feedback, including Moray Council tenants, Register of Interested Tenants and Moray Tenant’s Forum. 5.2 7,302 Council tenants and joint tenants were contacted as part of the consultation and: • invited to answer generic questions on the revised policy; • given the opportunity to provide any further general comments for consideration; • asked if they needed additional support with their tenancy and / or rent 5.3 A total of 294 (4%) responses were received, despite reminders being issued directly via text and /or email as well as across both Council and Housing’s social media platforms. While we recognise response rate is low given the overall context of the sample size, the qualitative nature of responses received were deemed informative and fully considered. 5.4 An overview of the responses received, grouped into key themes, is available at APPENDIX I. Any comments relating to personal circumstances have been anonymised and included within the themes, or those not relevant to the policy review have been removed. Tenants who have requested additional support through the consultation have been offered relevant support depending on their circumstances. Page 62
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5.5 From the responses received, the majority of respondents (88%) supported the draft policy with 88% finding it easy to read and understand. Only 6% thought there should be some re-wording with 8% advising they thought something was missed and should be included, however more analysis of these comments identified that the majority of the suggestions made are already included within the policy. Only 3% think something should be removed. 5.6 Following analysis and consideration of the consultation feedback, there have been no changes made to the draft policy. Some of the feedback will be taken into consideration for the development of the supporting operational procedures. 5.7 The revised Policy (APPENDIX II) continues to encourage a firm, fair, consistent approach towards rent arrears management while continuing to support a wide range of tenants, vulnerabilities and circumstances wherever possible. The key changes proposed to the policy are: • Change of title to Rent Management Policy to better encapsulate the overall rent process; • 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. 5.8 POLICY IMPLEMENTATION A Rent Management Review Group has been established, comprising of officers and managers from the Housing Service to oversee the implementation of the revised policy. It will meet periodically over the remainder of 2025 and early 2026 to: • review the operational procedures that support the Rent Management Policy in relation to: o current and former tenant’s arrears; o repayment agreements; o progression to enforcement and legal action; o addressing the audit report findings in terms of a consistent approach to rent arrears cases, robust recording; and o identifying and supporting the most vulnerable tenants • review all rent management information, webpages and communications to tenants to enable clear understanding of the process and the support that is available. 5.9 Subject to this Committee’s approval, a delivery 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. Internal audit plan to carry out a follow-up exercise scheduled for early 2026 to assess Page 63
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the progress made in addressing the audit report’s recommendations. 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 ✓ 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)) 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 II. 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: Page 64
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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 II. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation 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 revised to include the consultation feedback which has informed the final policy development. No new impacts / mitigations have been identified as a result of the consultation feedback. The IIA concludes that the mitigations are realistic and reasonable in terms of the proposed policy revisions and will address any inequality and / or disadvantage. The IIA is attached at APPENDIX III. 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, G. Anderson (Senior Solicitor, Legal Services), Service Manager Housing Options, Service Manager Democratic Services, the Equal Opportunities Officer, L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Audit and Scrutiny Committee - 12 February 2025 - Final Internal Audit Review Report on Housing Rents Collection and Arrears Management and APPENDIX I Housing and Community Safety Committee - 24 June 2025 - Report on the Evaluation of the Tenancy Sustainment Fund 23/24 Housing and Community Safety Committee – 9 September 2025 - Report on Rent Page 65
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Arrears Policy Review Page 66
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APPENDIX I RENT MANAGEMENT POLICY REVIEW 2025 – CONSULTATION RESULTS Q1. Are you a: No. %age Tenant 291 99% Tenant Representative 3 1% TOTAL 294 100% Q2 Do you support the revised Rent Management Policy? No. %age Yes 254 88 % No 36 12% TOTAL 290 100% Q3 Did you find the revised Rent Management Policy easy to read and understand? No. %age Yes 255 88% No 35 12% TOTAL 290 100% Q4 Is there a section of the revised Rent Management Policy that you think should be reworded? No. %age Yes 16 6% No 273 94% TOTAL 289 100% Q5. If yes, please tell us what you think should be included. Key themes from 10 comments received Housing Service Response/Action Concern about tenants being pursued over small arrears. Suggest focus on larger debts and property damage. No policy change - Prevention and early intervention are central to the rent management policy in an attempt to assist manage the arrears effectively and avoid the debt becoming larger. Request for clearer options to review payment plans when tenants fall into arrears. No policy change - Payment plans are tailored to individual tenant’s circumstances to ensure that the plan is affordable and sustainable for the tenant. Spare bedroom policy Ono policy change – Out with the scope of this review. Make more simple and easy to understand Easy read version of the policy is available. One response suggesting everything should be reworded. No policy change. Q6. Is there something that you think that we’ve missed from the revised Rent Management Policy that you think should be included? No. %age Yes 23 8% No 264 92% TOTAL 287 100% Page 67
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Q7. If yes, please tell us what you think should be included. Key themes from 20 comments received: Housing Service Response/Action Rent transparency – Weekly /monthly breakdowns and clear rent account access No policy change. Tenants have access to online rent account/can request rent statement at anytime and ask their AHO to explain their rent. Arrears process – timeframes for arrears before action, and prioritisation for repairs for paying tenants Timescales before action will be set out in tenant info. The Housing Service, as a social landlord have a duty to carry out certain repairs, within certain timescales for all tenants. Repairs cannot be prioritised based on arrears, however consideration is being given to re-chargeable repairs. Council accountability – concerns around Council spending and housing allocation Out with scope of this review - HRA Business Plan scrutinised to ensure financial viability. HRA budget, investment plans etc monitored and reported Committee regularly providing transparency and accountability. Payment flexibility – requests for PayPoint cards and multiple payment options No policy change. PayPoint and other options already available. Support for vulnerable tenants in respect of: • mental health considerations • bereavement related rent relief • clear, safe communication about arrears • right to withhold rent if Council breaches contract • fair rent setting for older tenants • impact of Universal Credit transition on arrears. • Include warden fees • No policy change as already included. • No policy change. AHO would deal with cases based on individual circumstances. • No policy change as already included. • No policy change as legal provision already exists and is embedded within SST/SSST. • No policy change as rent setting review carried out and considered relevant factors. • No policy change as already included. • No policy change. Was already considered in Rent Setting Policy Review. Policy additions recommended include: • tenant sustainment fund awareness • domestic abuse and economic abuse recognition • neurodivergence and advocacy support • No policy change. AHO would deal with cases based on individual circumstances. • No policy change as already included. Further detail will be added to operational procedures. • No policy change as advocacy already included. Further detail will be added to operational procedures • No policy change as already Page 68
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• joint tenant responsibilities and processes. • Evictions policy • Energy efficiency work may increase rent. included. • No policy change. Separate Evictions Policy already in place. • No policy change. Covered in Rent Setting Policy. Q8. Is there something that you think should be removed from the revised Rent Management Policy? No. %age Yes 9 3% No 275 97% TOTAL 284 100% Q9. If yes, please tell us what you think should be removed. Key themes from 6 comments received: Housing Service Response/Action Suggest more time and support for tenants with money issues No policy change as already included. Suggest tenants receive adequate help for court proceedings especially when literacy challenges. No policy change as AHO would be working with tenant at this stage. If engaged, then support and assistance would be provided and signposting to independent agency for direct support. Council liaise with DWP to resolve UC issues. No policy change. Council liaises with DWP and feeds back these issues. One response suggesting everything should be removed. No policy change. Q10. Do you have any other comments on the revised Rent Management Policy? No. %age Yes No If yes, please tell us what your comments are. Key themes from 74 comments received: Housing Service Response/Action Positive feedback stating clear, supportive and well-written policy with appreciation for fairness and transparency. No policy change. Concerns around rent increases, additional charges (such as grass cutting), rent too high given some property conditions. Out with the scope of this review. Separate policies and processes apply. E.g. Rent Setting Policy and Grass Cutting Scheme. Frustration with incorrect rent figures leading to unexpected arrears. No policy change. Perception that council targets vulnerable tenants while ignoring larger debts. No policy change - Prevention and early intervention are central to the rent management policy in an attempt to assist manage the arrears effectively and avoid the debt becoming larger. Page 69
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Suggestions: Make rent account access easier and more transparent. Out with scope of this review. Improve communication /early notification of arrears. No policy change - Early notification already built into escalation actions. Communication(s) are being considered by review group. Recognise ASB as grounds for eviction as well as arrears. No policy change. ASB is a legal ground for eviction under housing legislation and current Evictions Policy Support for military veterans through referrals. No policy change – Included in operational procedures. If AHO aware of the veteran status, would signpost them to charities / organisations e.g. SSAFA, Veterans Scotland etc who may be able to offer additional & enhance help and support and potentially financial assistance. More help for working tenants who feel overlooked. No policy change. All tenants, regardless of working status would receive relevant help, support and signposting depending on their individual circumstances and ability to pay and budget for their rent - income maximisation etc. Advocacy for those with mental health problems No policy change. Representatives can be appointed. Q11. If you need more help to pay your rent, or from our Housing Support Service, please tell us. Staff from the relevant team will contact you as soon as possible to try and help. No. %age I would like some support to pay my rent 15 5% I would like some extra support to keep my tenancy 12 4% I do not need any support 256 91% TOTAL 283 100% Questions 12 – 15 Relate to personal details for the support requested above. Q16. Please tell us if you are interested in any of the following tenant participation opportunities No. %age I’d like to be added to your list of interested tenants. (These are people we contact when we are consulting on housing issues and to promote tenant participation activities). 80 37 I’d like to find out more about joining a tenant group. We currently have one Moray-wide tenant group Moray Tenants Forum www.moray.gov.uk/moraytenantsforum 18 9 I’d like to find out more about joining the Tenant Editorial Panel 13 6 I'm not interested 103 48 TOTAL - respondents could select more than one answer 214 100% Page 70
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Questions 17 & 18 relate to personal details to register for the above opportunities. Page 71
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1 APPENDIX II Rent Management Policy Current and Former Tenant Arrears Index 1. Scope of Rent Management Policy 2. Strategic Context 3. Aim, principles and objectives of Rent Management 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 Management Policy Date of Creation September 2025 Owner (Service) Housing and Property Services Reviewer Head of Service Head of Housing, Property and Communities Approver Executive Director Executive Director Education, Housing and Communities Date Approved TBC (for implementation on 1 April 2026) Approver (Committee) Housing and Community Safety Committee Date Approved TBC Next Review Date 2029 or earlier if required by legislative or guidance changes Page 72
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2 1. Scope of Rent Management Policy 1.1 The Rent Management 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 management 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 management 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 Management 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 support has been offered and / or exhausted by the Council’s Money Advice Moray team and 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 Management 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. Page 73
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3 2.2 Detailed operational procedures support the Policy to ensure effective, fair and consistent processes are involved. 3. Aim, principles and objectives of the Rent Management Policy 3.1 The Rent Management 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 Management 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 Management 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 such as its Money Advice Moray team to provide to provide individually tailored support for tenants in relation to managing their debts and finances, income maximisation and budgeting. This may also include access to other local agencies as appropriate, for tenants to receive equitable access to advice and support when identifying wider pressures or risks to their households. 3.2 The specific objectives of the Rent Management 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 Moray services for support with managing all debts, income maximization, claim form completion and budgeting; • To maintain effective two-way communication with tenants where possible, to support tenants to meet their statutory rental responsibilities; Page 74
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4 • 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 management options, up to and including court 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. Page 75
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5 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 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 and 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 Management 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 Management Policy, full consideration will be given to the Council’s Public Sector Page 76
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6 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. 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 management 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 and 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 management 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 management 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 management 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 Page 77
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7 regularly monitored with necessary checks made at each relevant stage of the management 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. 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 management. 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 management 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 rent management and arrears correspondence in plain language, including details on the availability of advice and any relevant signposting. Early Intervention Page 78
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8 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, 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, based on a personalised financial assessment; • 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; • early referral to Money Advice Moray for support with debts, income maximisation and budgeting to ensure early intervention which is key to managing debt effectively; 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 Moray, Moray Council; • Dept of Work and Pensions (DWP); • 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 a 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 Referral to the Council’s Money Advice Moray team and / or other support agencies Page 79
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9 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 management 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 documented management actions have proven ineffective. 12. Welfare Reform and Universal Credit (UC) 12.1 Tenants affected by UK Government welfare restrictions, such as the Benefits Cap (which limits the amount of housing benefit / UC 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 Discretionary Housing Payment (DHP) to help cover the reduction in the amount of housing benefit / UC they receive for spare rooms (14% for one spare bedroom and 25% for two or more spare bedrooms). The Money Advice Moray team will help identify specific needs for DHPs as part of income maximisation support provided. 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 Page 80
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10 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. 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 management 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 management 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 Page 81
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11 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 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 management 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 management 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 management 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 Page 82
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12 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 provide 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 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 Management Policy 19.1 The Council will review the Rent Management Policy in 2029 or earlier if required by changes to legislation or guidance. Page 83
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SPFINANCE-565096732-34 07/11/2025 08:49 APPENDIX III 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 22/10/2025 2nd Draft IIA following consultation, to be presented to H&CS Committee 18/11/25. Sections STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Rent Management 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] Page 84
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SPFINANCE-565096732-34 07/11/2025 08:49 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 1. Describe what the service does: The Housing Service’s current Rent Arrears Policy has been reviewed. A revised draft Rent Management 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 Management 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 management 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 Page 85
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SPFINANCE-565096732-34 07/11/2025 08:49 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 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 Page 86
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SPFINANCE-565096732-34 07/11/2025 08:49 List of convention rights Describe, where applicable, if and how specific rights are engaged 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) Consultation with affected groups Tenant consultation held 10 Sept - 22 October 2025 for 6 weeks. Update 22 October 2025 – 88% support the draft policy. 88% find it easy to read and understand. 6% thought there should be some re-wording. 8% think something was missed and should be included. Some minor considerations will be taken into account when reviewing operational procedures that support the policy. 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 Page 87
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SPFINANCE-565096732-34 07/11/2025 08:49 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. Update 21 October 2025 – Consultation feedback considered. No further information is needed. 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 of 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) 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 Page 88
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SPFINANCE-565096732-34 07/11/2025 08:49 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. No new impacts / mitigations have been identified as a result of the consultation feedback. The IIA concludes that the mitigations are realistic and reasonable in terms of proposed policy revisions and addresses any areas of inequalities and / or disadvantage. 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 and Communities Department Housing Policy/activity subject to IIA Rent Management 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 updated 22/10/25 Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property & Communities Date: Page 89
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SPFINANCE-565096732-34 07/11/2025 08:49 Permission to publish on website - Page 90
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Report to: Housing and Community Safety Meeting Date: 18 November 2025 Report by: Executive Director Education, Housing and Communities Author: Emma Armit Contact Email: Housing.Policy@moray.gov.uk Subject: Domestic Abuse Policy 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the contents of the Housing Service’s draft Domestic Abuse Policy and approve it to progress to public consultation. 1.2 This report is submitted to Housing and Community Safety Committee in terms of Section III (G) of the Council’s Scheme of Administration relating to: (4) the allocation and letting of houses and homelessness; and (12) implementing the Council’s strategy and policies in relation to, Community Safety and Anti-Social behaviour, in partnership with other public sector partners, voluntary sector and private sectors as appropriate. 2. SUMMARY 2.1 This report presents Moray Council’s Housing Service draft Domestic Abuse Policy for approval and public consultation. The policy aims to deliver a zero-tolerance, trauma- informed, and person-centred response to domestic abuse, ensuring housing security and support for victims and survivors. It aligns with current legislation, national guidance, and best practice, and sets out commitments to safeguarding, partnership working, and holding perpetrators accountable while minimising disruption for affected households. The report details proposals for consultation and future actions as well as an integrated impact assessment with a focus on equality, human rights, the rights of the child and any socio-economic disadvantage. Subject to committee approval, it is proposed that the policy is implemented in April 2026, following an eight-week consultation period to further inform and finalise the policy development. Item 12. Page 91
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3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) considers and approves the draft Domestic Abuse Policy as set out in APPENDIX I; ii) agrees that a consultation exercise on the draft Domestic Abuse 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 Domestic Abuse policy for approval, will be presented to this Committee in March 2026. Emma Armit Senior Housing Officer (Policy) 4. BACKGROUND AND CONTEXT 4.1 On 21 September 2022, the Community Planning Board endorsed the Moray Community Safety Strategy 2022-2026. The Strategy outlines the priorities for the Community Safety Partnership, with a focus on two main areas - Reducing Harms in our Community and Safeguarding our Community. Identified measures to be monitored through Police Scotland and Violence Against Women and Girls Partnership (VAWGP) data are: • Reduce incidents of domestic abuse; • Reduce the involvement of substance misuse in incidents of violence and domestic abuse; and • Reduce rates of domestic abuse where children are present. 4.2 On 13 February 2024, the Housing and Community Safety Committee approved the revised Allocations Policy (Paragraph 8 of the Minute refers) for implementation on 1 April 2024. One key change was the introduction of domestic abuse points to applicants who experience domestic abuse and have an urgent need for rehousing. This change strengthened the Council’s commitment to ensuring those experiencing domestic abuse are empowered and supported to escape abuse or harm, while making informed housing choices. 4.3 Presenting as homeless can be a traumatic process and may contribute to individuals experiencing domestic abuse choosing to stay in their current relationship and home. This decision is often made to avoid the additional stress, trauma and uncertainty associated with homelessness during an already challenging and impactful time. 4.4 The Housing (Scotland) Bill 2025 which was passed on 30 September 2025, is currently awaiting Royal Assent to become an Act. It requires social landlords to develop and implement a domestic abuse policy, setting out how they will support their tenants who are at risk of losing or having to change their home as a result of domestic abuse without resorting to homelessness where possible. Page 92
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5. PROPOSALS 5.1 The draft Domestic Abuse Policy (APPENDIX I) sets out the Housing Service’s commitment to: • a zero-tolerance, person-centred and trauma-informed response to domestic abuse, ensuring the housing security for those affected. • safeguarding and supporting all victims / survivors within the household. • working collaboratively across the Council and with external partners to provide a coordinated response which enables victims/survivors to access the support and information they need to make informed, realistic choices about their situation. This may include remaining in their current home if that is their choice. • holding perpetrators of domestic abuse to account, including legally removing them from the home and / or tenancy where necessary. 5.2 While fully recognising that domestic abuse has a significant and disproportionate impact on women and children, Moray Council’s Housing Service is committed to taking all forms of abuse seriously. The Service provides a sensitive and confidential response to any person seeking assistance in cases of domestic abuse, regardless of their sex, gender or relationship status. 5.3 Draft Domestic Abuse 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 Domestic Abuse Policy will involve: • publication of the draft Domestic Abuse Policy on the Council’s Moray Engage portal along with an easy read version of the policy; • an electronic survey published on Moray Engage and publicised via the Council’s website and social media platforms; • contacting relevant stakeholders, partners, Registered Social Landlords, Violence Against Women and Girls Partnership (VAWGP) for their vast multi-agency expertise and valued feedback to further inform the policy development, as well as the potential for RSL’s to adopt the policy principles within their own organisation Moray-wide consistency; and • requesting feedback from Moray Council housing applicants, tenants, Register of Interested Tenants and Moray Tenant’s Forum. 5.4 Subject to Committee approval it is proposed that an eight-week consultation be undertaken from 19 November 2025 to 14 January 2026, with consultation feedback informing the final policy development. 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 12 March 2026 for approval. Page 93
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5.6 Subject to Committee’s approval, an implementation plan will be developed to support a launch date of 1 April 2026. In preparation, it is proposed that a Domestic Abuse Review Group comprising of officers and managers from the Housing Service will be established and will meet periodically over the remainder of 2025 and early 2026. The group will: • Explore the policy implementation for 1 April 2026; • Identify relevant and effective mandatory training to be delivered to staff in advance of the policy launch to ensure existing knowledge is enhanced; • Maintain a training register and schedule to ensure practitioner knowledge is sustained through refresher sessions or alternative training opportunities; • Review operational procedures that will support the Domestic Abuse Policy to identify any operational gaps and potential solutions, including referral pathways from front- line staff who may identify concerns; and • Develop clear pathways to initiate enforcement and / or legal action to remove the perpetrator and refer for appropriate action. 5.7 The policy implementation in April 2026 will re-affirm the Housing Service’s commitment to the Public Protections Forum’s ‘Moray Protects’ agenda through safeguarding victims and survivors of domestic abuse, while helping to secure a safe home environment. 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 X 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)) 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. Page 94
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☐ 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 proposed policy is in line with current legislation as detailed in Section 4 and APPENDIX A of the draft policy at APPENDIX I. 6.4 Financial Any financial costs as a result of the commitments in Section 12 of the draft policy will be absorbed within current Housing budgets. Staff training may incur financial costs depending on the training sourced. This will be absorbed into existing training budgets or met by the HRA once costs are quantified. 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 The policy provides a framework to address risk and reduce future risk to victims / survivors. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation There are none arising from this report. 6.8 Property Page 95
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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 The draft Domestic Abuse Policy affords significant protections and support for women and children therefore positively impacting these protected groups, who are disproportionately impacted by domestic abuse. An IIA has been developed as part of the policy development and is attached at APPENDIX II. Any relevant consultation feedback will be used to further inform the IIA to ensure any potential negative impacts identified can be mitigated prior to implementation. The policy and its commitments will assist the Council in meeting it’s statutory public sector equality duty and will be included in the Council’s Equality Outcomes for 2025-2029. 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, Services Manager Housing Operations, Service Manager Housing Need, G. Anderson (Legal Services, Senior Solicitor) , 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 No background papers required. Page 96
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APPENDIX I Housing Domestic Abuse Policy Date of Creation September 2025 Owner (Service) Housing, Property and Communities Reviewer Head of Service Head of Housing, Property and Communities Approver Executive Director Executive Director Education, Housing and Communities Date Approved <TBC> 2025, for implementation on 1 April 2026 Approver (Committee) Housing and Community Safety Committee Date Approved TBC Next Review Date 2029 or earlier if required by legislative or guidance changes Version History Version Date Author Changes Made Approved By 1.0 29.09.25 Housing Policy Initial document [Insert Name] 1. Scope of the policy 2. Strategic context 3. Objectives and principles of the policy 4. Legal provisions 5. Equalities, rights and socio-economic requirements 6. Confidentiality and data protection 7. Partnership, Co-ordination and collaborative working 8. Prevention and early intervention 9. Remain in current home 10. Housing Options 11. Homelessness 12. Financial considerations 13. Enforcement action against perpetrators 14. Training 15. Risk management 16. Quality assurance 17. Complaints 18. Performance monitoring and policy review APPENDIX A - Other Relevant Legislation, Guidance and Regulatory Requirements Executive Summary Page 97
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Moray Council’s Housing Service is fully committed to a zero-tolerance, trauma-informed and victim-centred response in a drive to help eliminate domestic abuse and gender-based violence in Moray. Moray Council fully recognises the critical role it plays as a social landlord in preventing and responding to domestic abuse across our Moray communities. This gender-informed Domestic Abuse Policy firmly embeds Scotland’s national Equally Safe strategy and framework to prevent and eradicate violence against women and girls. While the policy supports anyone experiencing domestic abuse, it also recognises that domestic abuse is a form of gender-based violence that disproportionately affects women and girls. As a result, the policy takes a gender-informed, trauma-sensitive approach, ensuring all responses reflect an understanding of the gendered nature and power dynamics of abuse. Moray Council is committed to the victim / survivor making informed housing choices based on their individual circumstances enabling them to remain in their home and community should this be their preferred option, where it is safe and appropriate to do so. Our framework will focus on tenancy solutions, including the removal of the perpetrator from joint tenancies and exclusion from the property where appropriate, timely rehousing options when remaining in the home is not safe or desirable and minimising any disruption, particularly for survivors with caring responsibilities or those at risk of homelessness. The complexity of domestic abuse demands a co-ordinated multi-agency response. Moray Council works collaboratively with key statutory and third-sector partners to ensure survivors receive comprehensive, tailored support. This approach ensures that housing responses are embedded within a wider risk framework of assessment, safeguarding, and support planning. Moray Council is fully committed to the Scottish Government’s Equally Safe vision of a Scotland where everyone, regardless of gender, can live free from violence, abuse, and fear. This housing policy will play a key part in achieving this, by ensuring that victims / survivors are believed, supported, and protected, perpetrators are held accountable, and Housing responses are safe. Page 98
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1. Scope of the policy 1.1 This policy details the framework Moray Council’s Housing Service, in its key role as a social landlord, will follow to ensure the safeguarding, support and housing security of any individual experiencing domestic abuse. The Housing service will take a zero tolerance, person-centred approach while working collaboratively across the Council and partners to provide a co-ordinated response, enabling victims / survivors to access what they need to live free from violence and abuse. 1.2 The Housing service is committed to delivering services with empathy, dignity and respect that are responsive to the needs of individuals who may have experienced trauma, while understanding the lasting impact on wellbeing, behaviours and the ability to engage with services. 1.3 In recognition of the key role housing has in enabling individuals to escape domestic abuse, this policy: • presents a safe, sensitive and trauma-informed housing response, recognising when a person may be affected by trauma, making adjustments with them in a collaborative way to take this into account and responding in a way that supports their recovery while avoiding adding to that trauma in our response. • aligns with national strategy, legal obligations, and partnership commitments, while supporting victims / survivors’ right to safety and recovery; and • sets out the Housing Service’s commitment to a gendered and rights- based approach to supporting women, children and any individuals experiencing domestic abuse regardless of their sex, gender or relationship. • ensures that any risks identified that could jeopardise a positive outcome will be escalated to the Head of Housing, Property and Communities who may exercise urgent discretion and authorise any actions necessary to safeguard individuals and ensure an appropriate and timeous response. 1.4 The policy applies to: • all Moray Council tenants currently living in a property owned by the Housing Service; and • any individual seeking housing options, homeless or housing information and advice as a result of domestic abuse. 2. Definition(s) 2.1 This policy adopts the following Scottish Government’s definition of domestic abuse (as gender-based abuse) ‘which can be perpetrated by partners or ex- partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate women and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse withholding money and other types of controlling behaviour such as isolation from family or friends).’ The term gender-based abuse is used because women and girls are disproportionately affected by certain types of abuse. Page 99
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This definition will apply to anyone experiencing domestic abuse including men, lesbian, gay, bisexual, transgender people and gender non-binary people (LGBT+) The Domestic Abuse (Scotland) Act 2018 as amended by the Domestic Abuse (Protection) (Scotland) Act 2021 further expands the legal definition to include a pattern of controlling, coercive, threatening, degrading and/or violent behaviour by a partner or ex-partner. This includes various forms of abuse such as physical, sexual, psychological and financial abuse. A pattern of abusive behaviours is 2 or more incidents of abuse that a reasonable person would think would cause the victim / survivor to suffer physical or psychological harm, including fear, alarm and distress. 2. Strategic context 2.1 This policy aligns with the following national and local strategies and plans that collectively support the prevention of domestic abuse and the provision of effective, trauma-informed housing responses: • Equally Safe Strategy (Scottish Government and COSLA): recognises domestic abuse as a form of gender-based abuse that violates human rights. The national strategy aims to eradicate abuse against women and girls through early and effective intervention, maximising the safety and well-being of women, children, and young people, while embedding a trauma-informed approach to prevention and recovery. • Moray Council Corporate Plan 2024-2029: prioritises tackling poverty and inequality and building thriving, resilient, empowered communities, which are key foundations for preventing and responding to domestic abuse. • Local Strategic Frameworks: including the Local Housing Strategy, Rapid Rehousing Transition Plan, Moray 2027, the Council’s Corporate Plan, priorities from the Moray 10 Year Plan and the Health and Social Care Moray Strategic Plan. These collectively support sustainable housing solutions and integrated support for those affected by domestic abuse. • The Council’s Local Outcomes Improvement Plan (LOIP): supports strategic objectives such as building a better future for children and young people, empowering and connecting communities and improving overall wellbeing. These objective are particularly relevant to supporting children and vulnerable individuals affected by domestic abuse. • The Council’s Community Safety Strategy 2022 – 26: enhances partnership work via the Community Safety Hub, dynamic case reporting and proactive identification and tackling of emerging safety needs, including domestic abuse. 3. Objectives and principles of the policy 3.1 The overall aim of the Domestic Abuse Policy is to prevent and alleviate all forms of domestic abuse through a sensitive, effective and person-centred approach. Where abuse does occur, the policy seeks to provide reasonable, considered, responsive and sustainable solutions that minimise its impact on affected households and support recovery in a dignified and empowering manner. 3.2 The specific objectives of the Housing Domestic Abuse Policy are to: Page 100
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• increase the awareness and understanding of domestic abuse amongst residents, employees and stakeholders; • facilitate early identification of domestic abuse and respond effectively and consistently to all reports; • acknowledge that women who experience domestic abuse often have additional vulnerabilities which increase the risk and nature of abuse; • provide an effective and trauma informed service to women and children who have experience/are experiencing domestic abuse; • empower victims /survivors to make informed choices by providing information on the options available to them; • ensure that in responding to domestic abuse, barriers are removed and procedures followed so as not to exacerbate any risk. For example, staff trained to recognise domestic abuse and not confuse it with antisocial behaviour; • offer flexible safe, supportive and effective interventions which reduce the risk of harm; • ensure that housing solutions are sustainable through the provision of housing support and other relevant services; and • promote and engage in joint working arrangements with other Council services and external partners and agencies. 3.3 The panel principles of the Domestic Abuse Policy are: • Participation – ensure the voices of those affected by domestic abuse voices are heard when they engage with us ensuring trauma-informed communication and support to empower them to express their information and views safely. • Accountability – through monitoring data, actions and outcomes of domestic abuse cases, provide clear information to tenants about their rights, and ensuring staff are trained to deal sensitively with such cases for consistent service provision through enhancing current procedures. • Non-Discrimination and Equality – provide Housing services that adhere to equality, human rights and the rights of the child to meet the needs of diverse survivors. • Empowerment – to help victims /survivors make informed choices about their housing need while ensuring they have access to the correct support • Legality – are comply with legislation and guidance while promoting best practice; 4. Legal provisions 4.1 This policy has been developed in line with the following legislation: • Domestic Abuse (Scotland) Act 2021 – Please note some provisions in Part 1 and Part 2 are yet to be enacted. • Domestic Abuse (Scotland) Act 2018 - criminalised controlling, coercive and psychological behaviour as a course of conduct offence, where ongoing harmful and abusive actions in a relationship, which in isolation might not seem as serious, are examined together, focusing on behaviour over time. • Domestic Abuse (Scotland) Act 2011 • Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001, Page 101
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• the Housing (Scotland) Act 2010 which provides housing support to homeless households, with triggers for housing support including risk from domestic abuse. • the Housing (Scotland) Act 2014 regarding a streamlined eviction where a tenant is convicted of an offence. • Homelessness etc. (Scotland) Act 2003 as amended. • Antisocial Behaviour (Scotland) Act 2004 • Matrimonial Homes (Family Protection) (Scotland) Act 1981 4.2 Other relevant legislation, guidance and regulatory requirements is set out in APPENDIX A. 5. Equalities, rights and socio-economic requirements 5.1 Moray Council, as a social landlord, will comply with the Equality Act 2010, Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, 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 individuals. • Understanding and addressing barriers faced by marginalised groups. • Assessing domestic abuse cases sympathetically, respectfully and sensitively through a non-discriminatory, non-judgemental lens. • Monitoring domestic abuse cases to ensure safety, housing security through the right to adequate housing, avoiding disproportionate impacts on protected groups. • Taking a trauma informed, survivor-led approach that considers impact on all victims / survivors within the household. 5.2 The Equality Act 2010 requires the Council 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. Outcome 1 of the Scottish Social Housing Charter on Equalities ensures social landlords perform all aspects of their housing services to ensure individual needs are recognised and service users are treated fairly with respect and receives fair access to adequate housing and housing services. 5.3 In delivering the Domestic Abuse Policy, the Housing Service is committed to ensuring that full consideration will be given to the Council’s Public Sector Equality Duty (PSED) when assessing all domestic abuse approaches and application to meet its duties under the Equalities Act 2010. It includes the Housing Service’s responsibility to find ways to understand the rights and needs of customers and or tenants who are victims / survivors of domestic abuse and delivering services that recognise and meet these needs which may include making reasonable adjustments. Each stage of the decision-making process the equality duty will be considered, focusing sharply on enhanced consideration for a domestic abuse case. 5.4 Domestic abuse violates human rights. This includes the right to respect for private and family life enshrined under Article 8 of the European Convention of Human Rights (ECHR) and Article 9 of the UN Convention on the Rights of the Child (UNCRC). It is also relevant to other rights including Article 2 (right to life) Page 102
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and Article 3 (freedom from torture and inhuman or degrading treatment). The Domestic Abuse Policy will strive to ensure that when responding to domestic abuse, the Council upholds the best interests of children, helps them to be safe and secure at home, and recognises the impact of domestic abuse on other rights. By taking a victim centred approach to domestic abuse, the policy will help to secure these rights. 5.5 The Housing Service will: • communicate with tenants and customers in clear, concise plain language to help with the understanding of important information; • develop and provide advice / information in alternative formats where necessary; and • provide free interpretation and translation services, where required. 6. Confidentiality and data protection 6.1 The Council will treat all service users with courtesy, sensitivity and complete confidence and ensure that any information given to it will be used in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. Relevant privacy notices advise 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. 6.2 The Council will ensure: • victims /survivors are not required to disclose or discuss the reason for their visit in public areas; • any interviews will take place in a private interview room; • option of requesting a member of staff of a specific sex is offered; and • a process which avoids victims /survivors having to repeat their case / history with different members of staff. 7. Partnership, co-ordination and collaborative working 7.1 The Housing service is committed to working collaboratively internally and externally, at both strategic and operational levels with key statutory and third- sector partners to ensure survivors receive comprehensive, tailored support. The main partners include: Violence Against Women and Girls Partnership (VAWGP) which supports Moray’s multi-agency ‘Moray Protects’ framework and commits to delivering the national Equally Safe Strategy. The partnership work specifically to coordinate multi-agency and multi-disciplinary responses across Moray, Aberdeenshire and Aberdeen City to effectively tackle gender-based abuse. Partnership priorities reinforce the importance of early education, prevention, intervention and resilient multi-agency / disciplinary support networks, risk assessment planning, safeguarding and support and safety recommendations alongside perpetrator accountability. Police Scotland – Including regular Multi-Agency Risk Assessment Conferences (MARAC), which is a co-ordinated process used to manage the highest risk domestic abuse cases alongside the Multi-Agency Tasking and Co-ordination Page 103
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(MATAC) process of identifying and tackling serial perpetrators of domestic abuse. Specialist domestic abuse services including Moray Women’s Aid, Moray Rape Crisis, Abused Men in Scotland (AMIS), Victim Support to design responses that suit local context and needs to ensure that victims / survivors receive the expert help and support they need. NHS Grampian – Also have a vital role in responding to domestic abuse. Staff are empowered and trained to identify, assess, and respond to domestic abuse, working confidently in a multi-agency environment to support individuals and protect children at risk, providing direct care for physical injuries and / or offering mental health support. Adult and Child Protection Services – for adults and children at risk of harm or abuse. 8. Prevention and early intervention 8.1 The Housing Service commits to working in full collaboration with Moray Violence Against Women and Girls Partnership, preventing incidences of domestic abuse and wherever possible to assist in the delivery of the national Equally Safe outcomes. 8.2 To aid prevention and early intervention in instances of domestic abuse, the Housing Service will: • Ensure, where appropriate, that a joint tenancy is considered at initial sign- up stage to help facilitate the easier transfer of the tenancy. • Review the Scottish secure tenancy agreement (SST), short SST and homeless occupancy leases with a view to including a statement about action that may be taken against perpetrators of domestic abuse, including eviction. • Develop a structure of domestic abuse champions, from various roles across the service, adopting an ‘eyes and ears’ approach. Clear referral pathways will be established to ensure that any concerns from staff relating to domestic abuse, including operational, maintenance and support staff, are reported promptly and to the appropriate person to ensure prompt action. • Develop and regularly review information resources to continually promote the zero-tolerance stance which will include details of where to access practical, specialist and legal help and support. • Update the Tenants’ Handbook, Housing Options Guide, webpages and information to include any helpful resources including Disclosure Scheme for Domestic Abuse Scotland (DSDAS). 9. Remain in current home 9.1 Where possible, if a victim /survivor of domestic abuse wants to remain in their own home, the Housing Service will provide support for them to do so. This may include but is not limited to: Page 104
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• Providing advice and information based on their circumstances, including tenancy and occupancy rights, to ensure they understand their rights and can make informed decisions; • The option to temporarily move into an alternative safe space, such as a sanctuary, to allow a period of respite to make informed decisions on the action they want to take; • Working in partnership with specialist agencies to prioritise the victim’s / survivor’s safety. This may include undertaking an assessment of the property if required and making? recommendations on how to improve safety at the property. The recommendations may be shared with other landlords, if relevant, for safety measures to be put in place; • Supporting personal safety planning; • Providing support to retain or regain tenancy rights; • Liaising with Benefits to establish the victim’s / survivor’s entitlements; and • where appropriate, supporting the rehousing of the perpetrator ensuring any alternative accommodation avoids any further risk to the victim(s) / survivor(s). Moray Council tenants 9.2 The Housing Service will offer tenants who are victims / survivors of domestic abuse advice, assistance and support based on their circumstances. This includes: • supporting victims / survivors to recognise they are actually victims of domestic abuse; • stay in their home, should they want to. This could include transferring the tenancy to their own name where possible and ensuring the property has relevant safety and security measures such as lock changes, smart doorbells, etc. where appropriate; • providing appropriate information and advice to ensure they understand their rights and can make informed decisions; • finding relevant assistance in terms of legal information and advice; • making referrals to Moray Women’s Aid or Abused Men in Scotland for specialist domestic abuse support; • supporting them to move, should they want to. Housing’s Allocations Policy includes the award of domestic abuse points, enabling access to suitable safe and secure alternative accommodation. This approach prioritises rehousing through the allocations process rather than the homeless pathway, helping to avoid further unnecessary trauma at an already traumatic time; and • consideration of a management transfer, where domestic abuse points does not give sufficient priority to secure alternative accommodation. 10. Housing options 10.1 The Housing Service recognises that one of the most dangerous times for victims / survivors is when they try to leave their abuser. Leaving does not necessarily mean that victims / survivors are safe. Abuse can continue after they leave their abuser. The early intervention approach will assist victims / survivors to avoid the potential trauma of emergency accommodation, living in an unfamiliar area Page 105
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(away from existing support networks), and reducing the likelihood of financial hardship associated with homelessness. 10.2 The Housing Service will endeavour to maximise choice and safety through a housing options approach which will aim to provide a range of housing options to meet the individual needs of victim / survivors and, where possible, avoid them becoming homeless, if that is their choice. However, the Housing Service understands that for some victims /survivors, the trauma experienced in their accommodation may mean that it is not an option for them to remain there. 10.3 Individuals who approach the Housing Service for housing assistance due to domestic abuse will receive a housing options interview. This will adopt a trauma informed approach and will explore a range of housing options and provide advice tailored to their individual circumstances and assessed needs. Victim(s) / survivor(s) will be: • given in-depth housing advice, to support them to make an informed choice about their housing options, including options to remain at home or access temporary accommodation; • where appropriate, offered safe and secure temporary or supported accommodation which meets their needs and that of their children; • supported to access / referrals made to relevant specialist support agencies and / or refuges, should a place be available; • assisted to access legal advice; • offered guidance and support to make a homeless application, if this is their preferred option; and • Supported to apply for housing and given information the domestic abuse points. This priority can empower victims / survivors, giving choice while preventing homelessness. 10.4 The Housing Service recognises that children who witness domestic abuse are victims / survivors in their own right. It will ensure that appropriate safeguarding referrals are made and so that the voice of the child can be heard. 11. Homelessness 11.1 In line with the Homelessness Policy and Rapid Rehousing Transition Plan, the Housing Service will seek to prevent homelessness where possible and when it does occur, to reduce its impact and resolve homelessness as quickly as possible. 11.2 Where a victim / survivor of domestic abuse feels it is not safe for them or their family to remain in their current home and decides to submit a homeless application, the Housing Service will: • Provide a suitable safe alternative accommodation, based on assessed need and risk, as a sanctuary for respite. Accommodation will be monitored to establish if a move to more suitable alternative accommodation is required. Where the temporary accommodation is required, it will be affordable and of an acceptable standard; • Signpost / make referrals to relevant support services; • Continue to provide a comprehensive and holistic housing options service. Page 106
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o Explain the options available under Housing’s Allocations Policy, ensuring the person has a current and up to date housing application. o Explain and where appropriate support the victim / survivor to access alternative and safe housing options. For example, housing with another social landlord or in the private rented sector. • Support the person to move into a new home and where relevant signpost them to appropriate sources of support. 12. Financial considerations 12.1 The Housing Service recognises that financial limitations and / or pressures can both exacerbate domestic abuse as well as being a barrier to reporting abuse or receiving help. Recognising that financial barriers should never prevent someone from seeking safety or accessing housing assistance, Housing will provide support and flexibility to victims / survivors, appropriate to their individual circumstance. Examples may include: • Provide removal and / or storage facilities to enable victims / survivors and their children to keep their possessions • Consider any financial advice and assistance available to ensure victims / survivors do not experience any further financial hardship due to their housing situation. • Consider applicable benefit easements for individuals fleeing domestic abuse, including support for overlapping tenancies (where entitlement to housing benefit may be awarded in certain circumstances) and income- assessed crisis assistance via the Scottish Welfare Fund. • In accordance with Section 20 of the Housing (Scotland) Act 1987, ensure that victims / survivors of domestic abuse are not held financially liable for property damage resulting from abuse, or required to pay rent in advance as a condition a Council house tenancy. This may constitute discrimination based on income, disproportionately affecting women who have experienced financial abuse and barriers to employment. • Review housing policies and procedures, including those on rent arrears, allocations and rechargeable repairs to ensure that victims / survivors are not adversely affected by housing debt incurred because of the perpetrator’s actions. This includes withholding an offer of housing until there are repayment arrangements in place, which may disproportionately disadvantage victims / survivors, particularly those who have experienced financial abuse. 12.2 The Housing Service will also support individuals who may experience additional and significant barriers when attempting to escape an abusive relationship, including those arising from immigration status: • The fear of approaching services for support or advice due to the real potential of deportation; and / or • No recourse to public funds (NRPF). 12.3 The principles of the Domestic Abuse Policy will apply regardless of such circumstances, and the Housing Service will work with relevant partners, including national organisations who have expertise in these areas to support these individuals through such complex, challenging situations. Page 107
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13. Enforcement action against perpetrators 13.1 The Housing Service commits to taking appropriate enforcement action against perpetrators of domestic abuse. This includes using legal powers afforded to social landlords and supporting victims / survivors in accessing protective measures. The actions will be taken with a trauma-informed approach, ensuring the safety and housing stability of survivors. The Housing Service will maintain robust and accountable records of incidents and actions to support enforcement and legal proceedings. Actions may include: Tenancy enforcement • Legal action, including eviction action, where the perpetrator breaches the tenancy conditions. • Section 14 of the Housing (Scotland) Act 2014 allows a streamlined eviction process. Where there has been a recent criminal conviction punishable by imprisonment for tenancy related antisocial or criminal behaviour within the previous 12 months, Housing can end the tenancy for the perpetrator and / or convert their SST to a SSST. • Transferring a tenancy from the perpetrator to the victim / survivors • Ground 15, Schedule 2 of the Housing (Scotland) Act 2001 allows Housing to seek repossession of the tenancy where a tenant's spouse, civil partner, former spouse, civil partner or cohabitee (including a same-sex cohabitee) asks to transfer the tenancy to them because they or the tenant no longer wants to live together. The ground to recover possession from the tenant, where it is reasonable to grant the order for repossession and suitable alternative accommodation, will be provided for the existing tenant. • Offering a perpetrator a short Scottish secure tenancy (SSST) instead of a Scottish secure tenancy (SST). • Ensure that the victim / survivor is not penalised or displaced as a result of any action taken against the perpetrator. • Supporting the victim / survivor to use legal remedies afforded to them. Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 allows the removal of perpetrators from the home and restrict contact, even if the perpetrator is the sole tenant and apply for recovery of possession of the tenancy from the perpetrator. The aim will be to transfer the tenancy solely to the victim, should they want to stay in the property. This will also apply to joint tenancies. The Matrimonial Homes (Family Protection) (Scotland) Act 1981, S13 also offers the following protection and provisions: Married couples - the non-tenant spouse or joint tenant can apply to the court to become the sole tenant. Civil partners - the non-tenant or joint tenant can apply to the court to become the sole tenant of the home. At this stage the court considers factors before in deciding to grant the transfer such as conduct of the partners and the needs of any children. Page 108
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The Antisocial Behaviour (Scotland) Act 2004 sets out powers that can be used in conjunction with the above Housing and Matrimonial Homes legislation to assist with legally removing perpetrators of domestic abuse. Housing Needs of the Perpetrator 13.2 Perpetrators who are willing to move on a voluntary basis and / or end their interest in the tenancy voluntarily will be offered alternative accommodation located an appropriate distance from the victim(s) / survivor(s). 13.3 Those found guilty of committing domestic abuse will be offered a short Secure Scottish tenancy (SSST) which will be located an appropriate distance from the victim(s) / survivor(s). The Housing Service will: • work closely with Community Safety and Public Protection Partners to ensure perpetrators are dealt with as effectively as timely as possible; • ensure MARAC recommendations are followed • ensure any pathway referrals are made for support and / or any other relevant signposting. 14. Training 14.1 The Housing Service is committed to ensuring all relevant staff across the Housing Service where appropriate: • receive robust, accredited and relevant domestic abuse training, to ensure staff recognise and understand the signs and dynamics of domestic abuse and coercive behaviours, can respond appropriately and are equipped to help victims / survivors to recognise their experience as abuse. Training will be tailored to the responsibilities of each role, with enhanced training provided to staff in key positions. • are kept up to date with any legislative developments and/or national guidance that may impact on the service response, actions available, and the information and advice it provides in relation to domestic abuse cases. • maintain the privacy and confidentiality of victims / survivors and perpetrators at all times, while taking responsibility to avoid service- generated risks. Developing protocols for safe disclosures and information-sharing This ensures the service provides a safe, appropriate and trauma-informed response to domestic abuse. • maintain a training register to support the delivery cyclical refresher training and staff knowledge is maintained to an acceptable level. 14.2 Domestic Abuse champions have been appointed within Housing teams across the service to support and provide guidance to staff dealing with domestic abuse cases. This will assist to: • bridge gaps in knowledge, experience or direction; • ensure that staff feel confident and well supported when responding to domestic abuse; and • facilitate vital pathways between victims, survivors and perpetrators and the specialist support services available to them. Page 109
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15. Risk Management 15.1 Housing staff will follow appropriate risk assessment processes to identify the level of risk in domestic abuse cases. Responses will be tailored to the current circumstances and the immediacy of the situation, ensuring that action take is proportionate and timely and aligns with legislative and best practice. 15.2 Housing have dedicated staff appointed to represent the service in relation to MARAC and MATAC. Highest risk cases will be referred on to the MARAC meetings to ensure multi-agency risk management planning and subsequent co- ordinated approach by partner agencies. 15.3 The Housing Service will ensure that staff follow relevant Moray Protects adult and child protection procedures where there are any identified risk(s) due to domestic abuse. 16. Quality assurance 16.1 A random sample of domestic abuse cases will be quality assured by the appropriate senior staff to ensure appropriate and relevant advice given, actions taken and/or referrals made. Any identified outcomes from this assurance work will be used for staff development purposes and where appropriate to inform operational procedure reviews. 17. Review and Complaints Process 17.1 Any individual who is not satisfied with the way Housing Staff have dealt with any aspect of their case, should in the first instance contact the Housing Operations Officer or the Senior Housing Needs Officer for an explanation. If the individual is a Moray Council tenant, they should contact their Area housing Officer. 17.2 If person is not satisfied with the explanation provided, they can ask for an appointment with the Housing Needs Operations Manager or the Area Housing Manager who will review the case and provide a further response. 17.3 Where the person 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’s website. 18. Performance monitoring and policy review 18.1 Ongoing internal monitoring will be used to inform the Housing service’s response to domestic abuse. Statistical monitoring on performance is used to inform the Annual Return on the Charter (ARC) to the Scottish Housing Regulator and Scottish Government statistical returns. 18.2 The Housing Service will monitor the following Scottish Government Statutory Returns in relation to domestic abuse cases. These are the two most common reasons for Housing Options approaches and Homelessness cases respectively: • Prevent 1 Return (Housing Options cases) - Reason for approach ‘Relationship breakdown (violent or abusive)’ with recorded ‘Outcome’ for these cases where the customer chose to ‘Remain in their current Page 110
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accommodation’. Highlights potential cases for concern and signposting to relevant agencies. • HLI Return (Homelessness) - Cases Assessed – Household fleeing domestic violence and outcome • Number of current MC Housing Applications with domestic abuse points 18.3 Performance will be reported to the Housing and Community Safety Committee or any other relevant Committee which has the remit to consider Housing, anti- social behaviour, public protection and/or safeguarding issues. 18.4 The Housing Service will review the Domestic Abuse Policy in 2029, or earlier if required by changes to legislation or guidance. Any review will be carried out in consultation with representative groups and partners agencies to ensure any review is fully informed. Page 111
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APPENDIX A Other Relevant Legislation, Guidance and Regulatory Requirements Adult Support and Protection (Scotland) Act 2007 Children (Scotland) Act 1995 as amended 2020 Children and Young People (Scotland) Act 2014 Children’s Hearing (Scotland) Act 2011 Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 Protection from Abuse (Scotland) Act 2001 Civil Partnership (Scotland) Act 2004, as amended 2020 National Guidance Scottish Government working group report – Improving housing outcomes for women and children experiencing domestic abuse Domestic Abuse: a good practice guide for social landlords (ALACHO, CIH, SFHA, Shelter and Scottish Women’s Aid) Prevention of Homelessness Guidance (2009) emphasises the need for local multi-agency joint action to meet the needs of those affected by domestic abuse and homelessness Regulatory framework The Council observes the Scottish Housing Regulator (SHR) requirements set out in the ‘Regulation of social housing in Scotland’ Framework which regulates Council provided housing and homelessness services. The Council must also meet the standards set by the Care Inspectorate for its temporary, residential and support services. Section 31 of the Housing (Scotland) Act 2010 introduced the Scottish Social Housing Charter, setting regulatory standards and outcomes that the Council as a social landlord should aim to achieve when performing its housing activities. The relevant standards and outcomes are: Outcome 2 – Communication Social landlords manage their business so that: • tenants and other 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 6 – Tenancy Disputes Social landlords, working in partnership with other agencies, help to ensure as far as reasonably possible that: • tenants and other customers live in well-maintained neighbourhoods where they feel safe. Outcome 7, 8, and 9 – Housing Options Social landlords work together to ensure that: • people looking for housing get information that helps them make informed choices and decisions about the range of housing options available to them • tenants and people on housing lists can review their housing options. Social landlords have a role to prevent homelessness and should ensure that: • people at risk of losing their homes get advice and information on preventing homelessness. Page 112
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Outcome 10 - Access to Social Housing Social landlords will ensure that: • people looking for housing find it easy to apply for the widest choice of social housing available and get the information they need on how the landlord allocates homes and their prospects of being housed. Outcome 11 – Tenancy Sustainment Social landlords ensure that: • tenants get the information they need on how to obtain support to remain in their home and ensure suitable support is available from the Council as well as other organisations. This includes tenants in a domestic abuse situation. Outcome 12 – Homeless People Councils perform their duties on homelessness so that: • people who are homeless or at risk of homelessness get prompt and easy access to help, advice and information; are provided with suitable, good- quality temporary or emergency accommodation when this is needed; and are offered continuing support to help them get and keep the home they are entitled to. Page 113
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APPENDIX II INTEGRATED IMPACT ASSESSMENT (IIA) COVERING • EQUALITIES and 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) 29/08/2025 1st Draft IIA to be submitted to HandCS Committee 18/11/25 STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Housing Domestic Abuse 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 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: Domestic abuse affects individuals from every protected group and socio-economic status, either as a victim or perpetrator with intersectional impacts requiring consideration. Domestic abuse can be caused by, and can also create socio-economic disadvantage. Women and girls are disproportionately affected by certain types of abuse. 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 Page 114
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Brief description of the affected service 1. Describe what the service does: The Housing Service does not currently have a dedicated, stand-alone Domestic Abuse Policy. Domestic abuse cases are currently dealt with through other relevant policies and frameworks such as: • Allocations Policy – incorporates domestic abuse points and management transfers • Homelessness Policy – includes housing Options and Housing Support • Partnership working with VAWGP • Police Scotland’s MARAC and MATAC safeguarding and risk process for high risk cases. This draft Domestic Abuse Policy sets out the framework for how Moray Council’s Housing Service commits to supporting domestic abuse victims through safe, equitable, trauma- informed Housing security and response that aligns with national strategy, legal obligations, and partnership expectations, while supporting survivors’ right to safety and recovery. 2. Who are your main stakeholders? Domestic abuse victims / survivors and their households – both Moray Council tenants and other individuals. Domestic abuse perpetrators Public Protection Partners Moray Council Staff 3. What changes as a result of the proposals? Is the service reduced or removed? The new policy: • Ensures the Housing Service has a current policy reflective of all updated legal and regulatory requirements while taking into consideration the financial implications of such cases; • Enhanced equality, rights and socio-economic considerations and commitments with the consideration of financial support for cases of real hardship; • More emphasis on the victim/survivor remaining in the home if that is what they choose; • Perpetrators being removed from the home and supported to find alternative accommodation; • Updated internal monitoring commitments; and • A review of supporting internal operational procedures with reporting pathways. 4. How will this affect your customers? The policy will: • provide greater, more consistent support for victims of domestic abuse from various affected groups but predominantly women and girls/children, receiving tailored support based on their individual circumstances. • Have an impact on perpetrators who tend to be male through removing them from the tenancy. 5. Impact on staff providing the service Staff will be expected to undertake comprehensive domestic abuse training/awareness as well as on policy and procedural revisions to support the implementation of the policy in practice. 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 consultation / engagement, ability to Page 115
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report or lack of understanding of legal implications / actions. Disability Potential Impact - Tenants with disability, mental health or learning difficulties may be more vulnerable to abuse or it may be caused by the abuse. Carers (for elderly, disabled or minors) Potential Impact – Caring responsibilities tend to fall to females who may struggle to access support / information Sex Potential Impact – females (adult and children) can be disproportionately affected (as evidenced) and/or at higher risk of impact depending on their circumstances. Females still affected by gender pay gap and lower income to enable change, may have restricted access to finance. Men – a gender-blind approach repeats and re-enforces inequalities experienced by females. Men, as the more common perpetrator, will be impacted by the policy. Pregnancy and maternity (including breastfeeding) Potential Impact – Increased vulnerability during this time. Maternity leave can cause additional financial pressures or time at home with less support. Sexual orientation Potential impact – can cause vulnerability Age (include children, young people, midlife and older people) Potential Impact – Can affect all age groups and children as household members, victims or perpetrators. Religion, and or belief Potential impact – Different cultures can have different impacts based on beliefs Gender reassignment Potential Impact – if policy is not inclusive Inequalities arising from socio- economic differences Potential Impact – More likely to impact on individuals from this group due to low income. Victims may have restricted access to finance, be financially dependent on perpetrator which is a barrier to initiating reporting or change. Individuals with disabilities tend to fall into the lower income category. Human rights List of convention rights Describe, where applicable, if and how specific rights are engaged Article 2 Right to life Policy supports this right Article 3 Prohibition of inhuman or degrading treatment Policy supports this right Article 5: Right to liberty and security Article 6: Right to a fair trial Policy supports this right Article 8: Right to respect for private and family life, correspondence and the home Potential impact – Removal of perpetrator from home / tenancy. Escalation to court action or eviction proceedings to evict perpetrator may interfere with Article 8 rights if not handled proportionately. Otherwise, Policy supports this right. Article 10: Freedom of expression Those affected have right to have their views heard through public consultation taking place November. Page 116
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List of convention rights Describe, where applicable, if and how specific rights are engaged 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 against unlawful deprivation of property Policy supports this right. 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 supports this right and incorporates UNCRC considerations. Article 3.1 – Best interest of the child Policy supports this right. Homelessness due to domestic abuse has the potential to impact a child’s wellbeing and educational stability. Article 6.2 – Right to survival and development Policy supports this right by incorporating UNCRC considerations. Article 12 – Respect of the views of the child Policy supports this right by incorporating UNCRC considerations. Article 19(1) – The right to be protected from violence and abuse while in the care of parents Policy fully supports this right by incorporating UNCRC considerations. Article 23 – Children with a disability Policy supports this right by incorporating UNCRC considerations. Article 27 – Adequate standard of living - for the child's physical, mental, spiritual, moral and social development Policy supports this right by incorporating UNCRC considerations. 7. Evidence. What information have you used to make your assessment? Performance data Prevent 1 HO Cases reason for approach and those that returned home as outcome, HL1 as above, HL3, any data re MWA? Internal consultation Head of Housing, Property and Communities Housing Strategy and Development Manager Housing Needs Manager Senior Housing Officer (Policy) Equal Opportunities Officer Housing Services Manager Area Housing Managers Consultation with affected groups Tenant consultation to be held November 2025 to January 2026 for 8 weeks to gain feedback. This will include: • publication of the draft Domestic Abuse Policy on the Council website along with an easy read version of the policy; Page 117
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• an electronic survey published via the Council’s Moray Engage portal 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 National statistics Scottish Housing Network Benchmarking Other Good practice from other Local Authorities, CIH, Scottish Government 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 – Support and signposting given to find additional, specialist support for those with caring responsibilities. • Sex – Specific signposting to specialist agencies - VAWGP or AMIS • 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 and procedures to ensure LGBTQ+ victims / survivors feel heard, safe and respected. • Socio-economic disadvantage – Considered holistically based on individual circumstances. Referral pathways for various financial support such as Money Advice, Income Maximisation, SWF and consideration of extra HB for 2 homes. • Human Rights – the Policy fully supports the human rights of the victims / survivors. While removing male perpetrators from the home cannot be fully mitigated, it is seen as a proportionate action to achieve the legitimate aim in terms of the Council’s duty of care under adult and child protection. • Rights of the Child (UNCRC) – As above, the Policy fully supports a child’s rights. o The commitments made within the policy may prevent homelessness or disruption of schooling / wellbeing in affected household. o Fully embedded signposting and referrals mechanisms for victims within household, ensuring joint working with social work or children’s services, VAWGP, MWA or AMIS where appropriate to avoid homelessness whenever possible. Housing’s Service Plan 2025/56 and Moray Council’s Equality Outcomes for 2025-2029 also commit to reducing the number of children in temporary accommodation, the duration of homelessness for families and the impact of homelessness on children Page 118
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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 and Community Safety Committee on 18 November 2025 for approval to consult and inform final policy for approval in March 2026. Date of Decision: Sign off and authorisation: Service Housing, Property and Communities Service Department Housing Policy/activity subject to IIA Domestic Abuse Policy We have completed the integrated impact assessment for this policy/activity. Name: Emma Armit Position: Senior Housing Officer (Policy) Date: 29/09/2025 Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property and Communities Date: Permission to publish on website - Page 119
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Report to: Housing and Community Safety Committee Meeting Date: 18 November 2025 Report by: Executive Director Education, Housing and Communities Author: Gillian Henly Contact Email: Housing.policy@moray.gov.uk Subject: Common Repairs Policy Review 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the revised draft Common Repairs Policy and to agree a consultation process with relevant stakeholders. 1.2 This report is submitted to Housing and Community Safety Committee in terms of Section III G (3) of the Council’s Scheme of Administration relating to carrying out the management and maintenance of the Council's Housing Stock including housing for the homeless and sites for Gypsies/Travellers. 2. SUMMARY 2.1 This report presents a review of the Common Repairs Policy, which aims to address the challenges of managing repairs in mixed-tenure blocks. The policy seeks to ensure compliance with legal obligations and reduce the risk associated with non-engagement by property owners. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) notes the requirement to review the Common Repairs Policy; ii) considers and approves the revised draft Common Repairs Policy, as set out in APPENDIX I and Section 6; iii) agrees that a consultation on the revised draft Common Repairs Policy is undertaken with key stakeholders, as set out in Section 6; and Item 13. Page 121
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iv) notes that an update report, detailing the outcome of the consultation and providing a final Common Repairs Policy for agreement, will be presented to this Committee in March 2026. Gillian Henly Senior Housing Officer (Policy) 4. BACKGROUND AND CONTEXT 4.1 The now abolished Right to Buy policy during the 1980s and 1990s, led to a significant number of Council homes being sold, creating mixed tenure communities within Council housing estates in Moray. 4.2 On 23 November 2005, the Common Repairs Policy which relates to mixed-tenure properties where the Council retains an interest, was approved by the Community Services Committee (Para 6 of the Minute refers). 4.3 Owner occupiers have primary responsibility for repairs and maintenance to their home. Most properties are subject to conditions set out in their title deeds. These deeds typically define ownership responsibilities, outline how common areas are maintained, and specify how costs are shared among owners. However, not all title deeds include provisions for decision-making on common repairs. In cases where the deeds are silent, or there are gaps, the Tenement Management Scheme provides a statutory framework that replaces the common law and governs how decisions are made, and costs are allocated. 4.4 In any block of flats, the Council, in its role as a landlord and owner of flatted properties, holds the same rights or responsibilities as all other owners regarding the organisation or undertaking of work to the common elements of the block. In practice however, to ensure council tenants remain safe and secure in their homes or to support investment programmes for its properties, the Council often approaches other responsible owners regarding potential works offering to undertake them on their behalf. In such circumstances, the owners would then pay the Council for their proportion of the share of the costs of such works. 4.5 When approached regarding common repair works proposed by the Council, many owners willingly agree to pay their share of the costs. There are however situations where an owner’s refusal to undertake common repair works or pay their share of the costs, can delay essential repair and maintenance works and risk further deterioration of the building fabric. Such delays can lead to significantly higher costs if repairs are undertaken at a later date. 4.6 The Common Repairs Policy requires to be reviewed to address this, to reflect operational changes and internal change management plans and to provide clarity and transparency on the approach used by the Council. Page 122
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5. KEY ISSUES 5.1 Well-maintained, secure, and sustainable housing is essential for creating attractive, well- managed neighbourhoods that support both community wellbeing and economic growth. These neighbourhoods foster personal and collective aspirations, helping residents thrive. The Common Repairs Policy plays a vital role in this vision by providing a framework to support the ongoing maintenance and improvement of the Council’s housing stock, and privately owned homes within Council estates. It assists to ensure that tenants and residents benefit from safe, high-quality living environments. 5.2 The Council has a duty to maintain homes on behalf of tenants and to ensure that Council homes meets the Scottish Housing Quality Standard (SHQS) and the Energy Efficiency Standard for Social Housing (EESSH) to help tackle disrepair in housing and support the delivery of Council commitments, including fuel poverty prevention, creating better places to live, and meeting the Net Zero Carbon Target. Where multi tenure ownership exists, this is reliant on owner engagement and agreement for required common repair work to progress. Where this is not forthcoming, it can impact on the Council’s ability to implement a regular repair and maintenance regime and may compromise the Council’s ability to meet the EEESSH requirements and deadlines and additionally may risk tenant dissatisfaction with the quality of their homes. 5.3 The review Common Repairs Policy seeks to address and alleviate these issues. 6. PROPOSALS 6.1 Principal policy changes The revised Common Repairs Policy (APPENDIX I) sets out a proactive and structured approach which supports legal compliance and financial sustainability. It clarifies applicable terminology and definitions, roles and responsibilities and streamlines the common repairs process. It seeks to minimise the risk of non-cooperation by owners and the resulting delays in repairs by delivering mitigating actions including early engagement, financial planning and enforcement provisions. 6.2 The Common Repairs Policy has been updated to: • comply with legislative and good practice requirements; • clarify and explains the rights and responsibilities of the council and homeowners in mixed-tenure properties; • provide clear information to tenants and owners on how the Council will manage and charge for common repairs in mixed-tenure properties; • remove reference to grant assistance, which is no longer available; • set out the assistance available to owners to attain their agreement to complete and pay their share of the common repair; and • include provisions to mitigate against financial risk, through robust debt monitoring and where appropriate the use of Notice of Potential Liability for Costs. 6.3 The Council will fund common repair works upfront, with owners subsequently recharged for their share of the costs. Invoices are not issued until the works are completed. Page 123
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This approach is particularly beneficial for larger or more costly repairs, as it provides owners with additional time to access support, explore funding options, and make informed financial arrangements. 6.4 It is anticipated that there will be instances where owners may want to engage in the common repair but are unable to self-finance. Options to accommodate these circumstances include agreeing an affordable repayment plan and where appropriate, the Open Market Purchase (OMP) Scheme. The OMP Scheme may be an option should the homeowner consider selling their flat back to the Council and remaining in their home with a Scottish Secure Tenancy. If the relevant eligibility criteria are met, the Council may consider buying an owner occupiers home. 6.5 Consultation arrangements 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 Common Repairs Policy will include: • publication of the revised Common Repairs Policy on the Council website along with an easy read version of the policy and summary of the changes; • an electronic survey, available via the Council’s Moray Engage portal site, which will be promoted across social media platforms; and • contacting relevant stakeholders for feedback, including Register of Interested Tenants and Moray Tenant’s Forum. 6.6 Subject to Committee approval it is proposed that a six-week consultation be undertaken from 19 November 2025 to 9 January 2026, with consultation feedback informing the final policy development process. 6.7 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 12 March 2026 for approval. 6.8 An implementation plan will be developed to support an implementation date of 1 April 2026, subject to this Committee’s approval in March 2026. This will include, reviewing and updating operational procedures, informing owners and tenants of any changes, staff training and awareness of the revisions and a review of all relevant information resources. 7. SUMMARY OF IMPLICATIONS 7.1 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 Page 124
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Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact ✓ Climate Change and Biodiversity Impact ✓ 7.2 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 7.3 Policy and Legal Legislation and associated statutory powers often differentiate between repairs required to repair damage, ongoing maintenance to prevent deterioration, and improvements that enhance an aspect of a home beyond its original state. The organisation of common repairs, and general property maintenance matters, within any multi-owned property is shared between all owners and based on their shared legal obligations. These are generally set out in the owner’s title deeds. Where the title deeds are silent or have gaps, the Tenements (Scotland) Act 2004 will apply. This legislation sets out processes for decision-making in blocks of flats by majority, so that repair and maintenance work can be carried out without requiring the full consent of every owner in a block. The scope of this legislation does not extend to improvements and to proceed improvement works will require the consent of all owners. 7.4 Financial The Housing Revenue Account (HRA) is funded from tenants’ rents, fees and service changes for services provided to tenants, and assets held on the HRA accounts. The HRA is self-contained and has no direct impact on the Council’s general services budget. Where the Council undertakes a common repair on behalf of an owner, it will initially be funded from the HRA, and the relevant costs will be recharged to owners. Any risk to the HRA will be mitigated by ensuring processes for agreement of the works are legally compliant and evidence is available to owners in relation to the scope and costs of works. In addition, the Council will maintain good debt monitoring and where necessary will take action to secure the debt against the homeowner’s property. Page 125
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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 7.5 Risk Investment in mixed tenure blocks is essential to alleviate and prevent any risk to homes and areas from deterioration and resulting in a need for greater investment at a later date. The delivery of mixed tenure common repairs relies on the agreement and financial contribution from relevant responsible property owners. 7.6 Staffing There are no staffing implications arising directly from this report. 7.7 Best Value and Transformation There are no implications arising directly from this report 7.8 Property There are no property implications arising directly from this report. 7.9 Information Communications/Technology/Digital There are none arising from this report. 7.10 Equalities, Social Inclusion and Economic Impact An IIA has been developed as part of the policy review and is attached at APPENDIX II. 7.11 Climate Change and Biodiversity Impacts The operation of common repairs in multi tenure properties will assist to deliver the Housing Investment Programme and contribute to meeting EESSH standards within the Council’s stock, thereby reducing energy ratings and carbon emissions in both council and owner occupier properties. 8. CONSULTATION 8.1 This report has been prepared in consultation with the Head of Housing, Property and Communities, Chief Financial Officer, G. Anderson (Senior Solicitor, Legal Services), Service Manager Democratic Services, the Housing Asset Manager, the Equal Opportunities Officer, and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. Page 126
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9. BACKGROUND PAPERS 9.1 There are no background papers. Page 127
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APPENDIX I Common Repairs Policy Date of Creation September 2025 Owner (Service) Housing, Property and Communities Reviewer Head of Service Head of Housing, Property and Communities Approver Executive Director Executive Director Education, Housing and Communities Date Approved XXXX 2025, for implementation on 1 April 2026 Approver (Committee) Housing and Community Safety Committee Date Approved TBC Next Review Date 2029 or earlier if required by legislative or guidance changes Version History Version Date Author Changes Made Approved By 1.0 25.09.25 Housing Policy Initial document [Insert Name] Index Section 1 Scope of the Policy Section 2 Strategic Framework Section 3 Objectives and principles of the policy Section 4 Legislation and regulatory requirements Section 5 Equality and diversity Section 6 Confidentiality and data protection Section 7 Common repairs Section 8 Owners’ responsibilities Section 9 Engagement with owners Section 10 The Tenement Management Scheme Section 11 Maintenance, repair or improvement Section 12 Planned maintenance Section 13 Repairs Section 14 Emergency repairs Section 15 Improvements Section 16 Assistance for owners Section 17 Recharging owners Section 18 Appeals Section 19 Monitoring Section 20 Policy review APPENDIX A Definitions Page 128
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1. Scope of the Policy 1.1 This policy outlines the framework Moray Council will follow in managing common repairs. It aims to ensure that there is a clear and consistent approach to engaging with and recharging responsible owners when such repairs are undertaken by the Council. 1.2 A common repair refers to maintenance or repair work in mixed-tenure blocks where homeowners and the Council share responsibility for the costs associated with common areas or parts of the building. 1.3 The Common Repairs Policy applies to flats in mixed-tenure blocks where the Council still has a vested interest. The Council has the same legal obligation as other owners concerning the management of common repairs. 1.4 For ease of reference, a summary of definitions used within the Policy is provided at APPENDIX A. 2. Strategic Framework 2.1 The Common Repairs Policy will assist the Council to meet the aims and priorities of the Local Housing Strategy. Priority 4 – “Improving property condition and achieving affordable warmth is enabled in all homes.” 2.2 The Scheme of Assistance aims to support private owners and landlords invest in housing repair and maintenance and includes the provision of advice on common repairs. 3. Objectives and principles of the policy 3.1 The specific objectives underlying the Common Repairs Policy are to: • explain the rights and responsibilities of the Council and owners; • give clear guidance on how the Council will manage and charge for common repairs; • outline the process of recharging owners for common repairs; • inform owners of payment arrangements; • inform owners of the action the Council will take if payment is not made; and • comply with legislation, relevant guidance and good practice. 3.2 The specific principles of the Common Repairs Policy are that: • tenants and stakeholders are consulted on the policy; • through monitoring and feedback from customers and staff, the management of common repairs is continuously improved; • communication with tenants and owners is always clear, appropriate, easily understood and easily accessible; • the common repairs service is supported by appropriate training for operational staff; and • policy will be supported by detailed procedures and agreed practices applied uniformly across the service. Page 129
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4. Legislation and regulatory requirements 4.1 Section 27 and Schedule 4 of the Housing (Scotland) Act 2001 and the Scottish Secure Tenants (Right to Repair) Regulations 2002 require the Council to include basic repairing obligations in their Scottish Secure Tenancy Agreements. 4.2 The organisation of common repairs, and general property maintenance matters, within any multi-owned property is shared between all owners and based on their shared legal obligations. 4.3 In line with the Title Conditions (Scotland) Act 2003, rules detailing owners’ specific responsibilities for the upkeep, management and maintenance of the common elements are normally found within the title deeds, which set out ownership rights, responsibilities and boundaries for properties. For communal buildings, they define the various ownership shares, common areas and maintenance obligations of each owner within the tenement. 4.4 Although title deeds granted by the Council specify liabilities and the Council can carry out common repairs and recharge in line with the title deeds, the title deeds do not provide a decision-making process for all owners. 4.5 The Tenements (Scotland) Act 2004, sets out the Tenement Management Scheme (TMS) and shows the steps that owners need to take when making decisions which affect all owners about maintaining and repairing common parts. These rules can be used if title deeds don’t specify how decisions should be made, or if different owners’ title deeds are conflicting (see Section 10). 4.6 The title deeds are generally silent on improvements. This policy seeks to make provisions for the procedure to be followed for improvement works. Scottish Social Housing Charter 4.7 The Scottish Social Housing Charter sets the standards and outcomes that all social landlords should aim to achieve in performing their housing activities. The relevant Charter Standards/Outcomes for Common Repairs are: Equalities Social landlords perform all aspects of their housing services so that: they support the right to adequate housing every tenant and other customer has their individual needs and rights recognised, is treated fairly and with respect, and receives fair access to housing and housing services. Communication Social landlords manage their businesses so that: tenants and other 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. Repairs, maintenance and improvements Page 130
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Social landlords manage their businesses so that: tenants’ homes are well maintained, with repairs and improvements carried out when required, and tenants are given reasonable choices about when work is done Value for money Social landlords manage all aspects of their businesses so that: tenants, owners and other customers receive services that provide continually improving value for the rent and other charges they pay. 5. Equality and diversity 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 persons; • understanding and addressing barriers faced by marginalised groups; • ensuring that common repairs are managed in a non-discriminatory and inclusive manner; and • monitoring actions to avoid disproportionate impacts on protected groups. 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 Common Repairs 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 In delivering the Common Repairs 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. 5.4 The Council will develop and provide information and advice in alternative formats. The Council will provide interpretation and translation services free of charge where these are required. 6. Confidentiality and data protection 6.1 The Council will ensure that any information given to it as part of the common repairs process will be used in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. Relevant Privacy Notices, available on the Moray Council website, advise customers how personal information may be collected, used, stored, shared and securely disposed of and the legal basis for doing so and what their Data Subject Rights are. 7. Common repairs Page 131
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7.1 Owners are responsible for repairs and improvements to their individual property. Homeowners who live in mixed-tenure blocks are also responsible for a share of the cost of the maintenance and repair of the common areas or parts of the building. If the common areas of the building need to be repaired, every owner who is entitled to use that common area must pay their share of the cost of the repairs. 7.2 Section 26 of the Tenement (Scotland) Act 2004 sets out the meaning of “tenement” as a building comprising two or more related flats which are owned or designed to be owned separately and which are divided horizontally. This includes: • high-rise blocks; • modern apartment blocks; • four-in-a-block or cottage flats; • blocks of flats with ground floor shops; • large houses converted into flats; and • traditional sandstone or granite buildings, usually of three or four storeys. 8. Owners’ responsibilities 8.1 When a flat is sold, a right of common ownership is usually granted along with any other flats sharing common parts of the building. Title deeds normally set out an owner's duty to pay a share towards the cost of common repair and maintenance. In the event of title deeds for a flat being silent or have defects or are unclear, the TMS, introduced by the Tenement (Scotland) Act 2004, will prevail (refer to Section 10). For example, the title deeds may not say how decisions should be taken, or may not describe all the common parts, or they may allocate shares of costs that do not add up to 100%. 8.2 In any block of flats, Moray Council, in its role as a landlord and owner of flatted properties, holds the same rights or responsibilities as all other owners regarding the organisation or undertaking of work to the common elements of the block. 8.3 In practice however, to ensure Council tenants remain safe and secure in their homes, or to support its housing investment programmes, Moray Council may approach other responsible owners regarding potential works, offering to undertake them on their behalf. In such circumstances, the owners would pay Moray Council for their proportion of the share of the costs of the works in accordance with the burdens stated within their title deeds or if these are silent, in accordance with the TMS (refer to Section 10). 8.4 This role by the Council of proposing and/or organising works on behalf of other responsible owners does not extend to closes/blocks in which the Council no longer retains any properties. 8.5 Where the property has been purchased through the now abolished “Right to Buy” scheme, the Council has the right to appoint a manager for 30 years. This Page 132
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manager will be the Council’s Housing Service. This right remains for 30 years or until two-thirds of the properties in a management scheme have been sold by the Council, when the owners can dismiss the management appointed by the Council. 8.6 The title deeds granted by the Council state that not only can owners be recharged, but also that the choice of materials and contractors used will be determined by the Council. 9. Engagement with owners 9.1 The Council is committed to working with tenants and homeowners, in all of its repair and maintenance programmes. The Council must work with owners regarding any common repairs it is proposing and will always try to get their agreement. In mixed-tenure blocks, it is likely that the Council will take the initiative in organising and managing repairs, although any owner can do this. 9.2 When engaging with owners regarding a common repair, the Council will ensure all communication, including phone, letter, email and personal contact from staff, is clear and transparent and owners are provided with every opportunity to ask questions and receive clear answers. 10. The Tenement Management Scheme 10.1 The Tenement Management Scheme is the default scheme used where title deeds have gaps (such as them not saying how decisions should be taken, or not describing all the common parts) or defects (such as allocating shares of costs that do not add up to 100%). It: • explains what is considered as maintenance; • defines scheme property (the parts that everyone is required to maintain); • sets out how owners will make decisions about repairs and maintenance (called scheme decisions); and • sets out how costs will be shared. Scheme property 10.2 Owners are responsible for repairs and improvements to their own property. If they live in a mixed tenure block, they are also responsible for a share of the cost of the maintenance and repair of the common areas or parts of the building, known as “scheme property”. Scheme property is the parts of the tenement that every flat owner should maintain. It is: • any part the title deeds say is common property of two or more owners; • any part that all flats use and the title deeds say two or more owners must maintain; • the ground on which the tenement is built; • the external walls and foundations; • the roof, rafters and any structure supporting the roof; • the part of the gable wall that is part of the tenement building; and • any load bearing wall, beam or column. Parts that only some owners maintain: Page 133
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There are some parts of a tenement that are not scheme property. This means only some owners are responsible. An individual owner is responsible for the following, if they only serve their flat: • doors, windows, skylights, vents or other openings; • a chimney stack or flue; and • an extension. Only the owners who have use of the following are responsible for them: • drainpipes serving one side of the flat; and • any part that only some flats use, that the title deeds say two or more owners must maintain. Scheme decisions 10.3 The TMS sets out the process owners must follow when making decisions on maintaining and repairing common parts where the title deeds are silent of have gaps. Any decisions made under the TMS are known as “scheme decisions” and may be used to make decisions about: • carrying out maintenance; • arranging maintenance inspections; • hiring or dismissing a property manager; • giving a property manager authority to carry out inspections and maintenance; • arranging common insurance; • deciding that an owner doesn't have to pay their share (or part of a share) of scheme costs; • authorising any maintenance of scheme property already carried out; and • changing or cancelling any other decision made in the past. In addition to carrying out repairs and maintenance to common elements, scheme decisions can be undertaken for: • first time door entry systems installations; and • certain energy efficiency works such as cavity/external wall insulation. 10.4 Owners will be advised that if they request a formal meeting, an opportunity will be provided to discuss the repair at an open meeting between the Council and the owners, particularly for larger repairs. 10.5 The Council will provide each owner with the opportunity to obtain two competitive quotes from tradesmen. Owners will be required to obtain quotes within two weeks. The Council will evaluate all quotes in accordance with Best Value and will ensure that they comply with Council standards, for example, health and safety. 10.6 Where the Council accepts a quotation obtained by an owner which offers Best Value, the Council will: • write and authorise the owner to accept the quotation, confirming that the Council will contribute to the cost of the work once it has been completed to the Council standard. • write and advise each owner of the contractor chosen prior to work Page 134
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commencing. • advise owners that if the common repair does not meet with Council standards upon completion, the Council will rectify the repair, and owners will be recharged for the cost involved. Voting process 10.7 In line with provisions set out by the TMS, scheme decisions are made using a voting system, with each responsible property representing one vote. For the work to proceed, the majority of the owners in the block, which includes the Council, must be in agreement. Where the Council is proposing to carry out common repairs and maintenance to a block of flats, it will: • check the relevant title deeds and confirm responsibility for costs; • write to owners and advise of the scope of works, their legal obligations, estimated costs, a designated officer to contact and signpost owners to information on the TMS; and • follow the TMS voting process and timescales, allowing 28 days for voting slips to be returned. For more complex/larger common repairs, the Council may seek to arrange a public meeting as part of the consultation process and will provide owners with a minimum of 48 hours’ notice. 10.8 The Council will: • contact and / or visit any owner who has not returned their voting slip by the closing date and endeavour to obtain their decision. • confirm the result of the vote in writing to all the owners within five working days of the closing date, informing them about the scheme decision. 10.9 The Council will adhere to the voting outcomes as follows: 10.9.1 Full agreement Where there is 100% agreement each owner will be informed about: • the decision outcome; • their legal obligation in line with the TMS; • details regarding repairs that need to be carried out; • the owner’s share of the cost; and • the contractor's name and contact number, and a designated Council contact. 10.9.2 Majority agreement Where a majority vote in favour of the repair is returned, the Council will write and update each owner with the scheme decision and advise of the right to appeal. Any owner who is not in favour of a scheme decision or a new owner who was not the owner at the time the decision was made can appeal to the Sheriff Court within 28 days from the date of notification of the decision. The work will not start until after the 28 day period has passed and there have been no appeal applications. If there are no appeals submitted within the 28 day period, then the work will proceed, Page 135
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and owners will be updated as at 10.6.1. If an appeal is submitted, the Council will act in accordance with the decision of the Sheriff Court. 10.9.3 50% of owners or more disagree Where 50% or more of the owners disagree with the proposed works, then no works can be completed at this time. The Council will write to all owners confirming the outcome. The Council will regularly review the scheme decisions and will act in accordance with the voting outcome. Access for repairs and maintenance 10.10 Owners, and those authorised by owners, have a right of access to each other’s flats, if access is necessary to: • carry out maintenance that was decided by a scheme decision; • carry out repairs to a part owned by an individual; • carry out inspections to decide if maintenance is needed; • lead through a service pipe, cable or other equipment, as long as it is not wholly within another owner’s flat; • make sure that any part of the building that provides support and shelter is being maintained; • make sure that none of the owners is doing anything that might damage the parts of the building that provide support and shelter or doing anything to reduce the natural light to the building; and calculate the floor area to decide how costs should be allocated. 10.11 The owner or the occupier must be given reasonable notice that access is required and, within reason, can refuse access at inconvenient or inappropriate times. Sharing the cost of works 10.12 Once a scheme decision is made, owners become responsible for the cost of carrying out any maintenance or repairs needed (“scheme costs”). Under the TMS, all owners pay an equal share of the costs of maintenance and repairs, except: • when the work involves a part of the tenement that isn't used by everyone (in which case only the owners of the flats involved should pay); or • when the floor area of the biggest flat is more than one-and-a-half times the floor area of the smaller flat (in which case repair costs should be split so the owner of the larger flat pays more). 10.13 In line with Section 11 of the Tenements (Scotland) Act 2004, an owner becomes liable to pay for relevant costs as soon as a decision has been made that such work should go ahead. 10.14 Section 10 of the Tenements (Scotland) Act 2004 provides that where repairs have been completed so as to provide support or shelter, the Council will be able to claim back a share of expenses from other property owners, even if the owners Page 136
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were not aware that the work was being carried out. For example, emergency repairs. 11. Maintenance, repair or improvement 11.1 Maintenance is preventative, while repairs are reactive. Replacing something obsolete with a modern equivalent may still count as a repair, but adding something new is usually an improvement. 11.2 Many of the legal rights and responsibilities for owners apply only when ‘maintenance’ is being carried out. Maintenance is legally defined as: • repairs and replacement; • the installation of insulation; • cleaning; • painting and other routine works; • gardening; • the day-to-day running of the tenement; • the reinstatement of part (but not most) of the tenement building. It does not include alteration, demolition or improvement, unless the improvement is inherently part of maintenance work. For example, if a main door needs to be replaced, choosing one with a more suitable specification or adding an improved modern lock would be counted as maintenance, rather than improvement. Maintenance also excludes internal decorative repair of areas that are not owned in common, unless they are incidental to the repair of common parts. 11.3 A summary of the different elements to maintain, repair or improve a common part, is detailed below: Definition Example Legal basis Consent needed Maintain Routine upkeep to keep buildings in good condition and prevent deterioration, cleaning, repairs, replacements • Clearing gutters • Repainting communal areas • Servicing lifts or door entry systems • Tenements (Scotland) Act 2004, Schedule 2, 1.5 • TMS allows owners to make decisions about maintenance when title deeds are silent • Majority (under TMS) Repair Fixing damage or restoring original condition • Fixing a leaking roof • Replacing broken guttering • Repairing damaged • Housing Scotland Act 2001 • Housing (Scotland) Act 2006, Section • Majority (under TMS) Page 137
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11.4 Title deeds to properties sold by the Council reserve a right of access to the Council at all reasonable times for inspecting, maintaining, repairing and renewing any adjoining Council property and the common parts, for all necessary purposes. Where the Council requires access to an adjoining property it will always provide owners reasonable notice when requesting access to their properties. 12. Planned maintenance 12.1 Planned maintenance is repairs and replacement which the Council is aware of and has planned for. Examples of common areas planned maintenance that can be carried out to communal areas include: • painting closes; • external harling repairs and maintenance; • repairs and paint work to fencing. 12.2 Where the Council intends to carry out such planned maintenance, it will write and engage with the owner of properties included in the maintenance programme at the earliest opportunity and inform them of the proposed works and how much it will cost them. The cost provided to owners will include a ten per cent tolerance. It this is exceeded the Council will contact the owner and advise of updated costings. 12.3 The Council will apply the TMS, using the voting process set out at sections 10.7 – 10.9, to obtain the agreement from owners in the block before carrying out planned maintenance works. 12.4 Before repair and improvement works can proceed, the majority of owners within the block must agree with the works going ahead and to pay their equal share of costs. 12.4 Improvement works will only proceed, if all owners within the block agree with the works going ahead and to pay their equal share of costs. 13. Repairs Definition Example Legal basis Consent needed stonework or windows 13 • Tenement (Scotland) Act 2004 Improve Enhancements or upgrades beyond original condition or standard. • Installing double glazing where none existed • Title deeds • Mutual agreement • Usually unanimous. • Not enforceable unless all owners agree. Page 138
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13.1 Where essential repair work is required, for example repairing a roof to prevent rainwater leaking, the Council will: • write to all responsible property owners of properties inform them of: o their legal obligation; o details the proposed works; o the estimated cost; o an estimate of their share of the cost; and o a designated officer to contact. • apply the TMS, using the voting process set out at sections 10.7 – 10.9, to obtain the agreement from owners in the block before carrying out the repair work. • Complete the repair where the majority of owners agree to the works. 14. Emergency repairs 14.1 Emergency repairs are defined as those that: • cannot wait for a scheme decision to be made; • are required to prevent damage to the building; or • are in the interests of health and safety. 14.2 Examples of an emergency repair include: • a hole in the roof that is letting in a significant amount of water (could cause further damage to the building) • loose stonework that might fall on a passer-by (a risk to health and safety) • internal lights not working and leaving the stairwell in darkness 14.3 In the case of an emergency common repair, the Council has a duty to make the property safe where there is a safety risk to a tenant or member of the public or if there is a potential for further damage. The Council will deliver notification of the emergency repair to the owner and proceed to make the repair safe. 14.4 The Council will write to the owner informing them of the value of the common repair for which they are liable. 14.4 Certain emergency common repairs will also fall under the Right to Repair category. In this case the work will be carried out within the set timescales, however, the tenants and owners will be informed of their rights under the Right to Repair legislation and an appropriate repairs receipt included within the letter. 14.5 The Council will ensure that a robust and accountable audit trail of its actions is maintained to demonstrate that it has acted reasonably and that the emergency repair is justified to the owner(s) involved. 15. Improvements 15.1 In delivering its Housing Investment Plan, the Council may undertake renewal works that may not be immediately necessary but are considered beneficial in the long term due to the age or condition of the building components. The approach to property maintenance, aims to minimise future repair costs for both Page 139
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the Council and individual owners. For example, the full re-roofing of a block or flats where no current issues are identified beyond age. 15.2 Title deeds do not normally impose conditions concerning the improvement of properties. Where common improvements may be required or proposed, the mutual consent of all responsible owners is required. The Council cannot enforce that an owner agrees to or meets the costs of an improvement. 15.3 If homeowners agree to the Council carrying out the improvement work, they will be recharged for their share by the Council. Homeowners may benefit from a reduction in cost (when compared to what they would pay had they arranged for the improvement), due to the economy of scale offered by the Housing Investment Plan delivered by the Council. 15.4 Prior to any planned improvement project that will involve owners, the Council will consult fully with owners providing them with an overview of the project, including estimated costs, tendering arrangements and proposed timescales. 15.5 Where an improvement project is proposed, a consultation meeting will be arranged between owners and the Council, irrespective of the anticipated cost. Where only a small number of owners are to be involved, this consultation will be completed by means of a visit. Every owner will be provided with the opportunity to discuss the proposals and design materials, etc. 15.6 The Council will only proceed with the improvement where it has obtained the written consent of every owner to proceed with the project and their agreement to pay their appropriate share of the cost of the improvement and any future maintenance of it. 15.7 The Council will advise owners of the decision outcome. Where an owner informs that they would agree to the improvement but that it will cause them financial hardship, the Council will provide them with information and advice regarding options available to them (see Section 17). 15.8 Where agreement is reached to proceed with the improvement work, the Council will ensure that it diligently updates owners with progress and notifies them of any changes that may occur. 16. Assistance for owners Scheme of Assistance 16.1 Homeowners have responsibility for ensuring their homes are properly maintained. It is recognised that the main source of finance for common repairs must be a property owner’s own savings or loans. The Housing (Scotland) Act 2006 provides broad discretionary powers for local authorities to provide assistance to owners who have difficulties in carrying out work required to ensure properties are kept in a reasonable state of repair. Assistance can Page 140
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include practical help, advice and guidance. The role of the Council is to provide advice and assistance to help homeowners repair and maintain their properties. 16.2 Independent advice and further information is also available from the Under One Roof website. 17. Recharging owners 17.1 Following the completion of the common repair, the owner shall be invoiced for their share of the costs. For repairs or maintenance works, this will be in accordance with the criteria stated in their title deeds or the share agreed in accordance with the TMS. In the instance of an improvement, owners will be informed of the amount prior to the commencement of any work. All costs will be subject to any relevant additional costs for VAT, admin on costs and legal costs. 17.2 In instances of smaller repair work, it is uneconomic to process individual payments under £100. For such minor repair work, owners will be invoiced either within 6 months from the repair being completed or when the cost of the repair amounts to £100. When the value of repair work is £100 or over, the owner will be recharged at the time the works are invoiced to the Moray Council. 17.3 The Council has standard terms for settlement of invoices. However, it recognises that, in some circumstances, owners may experience financial hardship if the full share of the costs of the repair/improvement must be paid immediately following completion of the works. Where owners advise that they will experience financial hardship, should the full cost of common repairs be paid immediately, the Council will discuss and may agree a reasonable and affordable repayment period with the owner. Where a repayment plan is agreed, owners will be required to sign the agreement confirming that they will comply with payments. 17.4 Where a repayment plan is agreed, the Council will register a Notice of Potential Liability for Costs against the title of the property owner. Although this will not prevent the property from being sold before the debt to the Council has been repaid, it is likely that a purchaser will insist on settlement of the outstanding amount to discharge the Notice, before proceeding with the purchase. 17.5 Legislative provisions apply should a property be put up for sale at the point that repair and maintenance work has been carried out but not yet paid for. A new owner will be jointly liable with the seller for the share of the costs allocated to the property but only where a notice of potential liability for costs has been registered in the property registers. Registration of the notice must occur at least 14 days before the new owner became owner. Where the Council is aware of such a situation, it will register a Notice of Potential Liability for Costs. 17.6 If an owner fails to settle an invoice or defaults on any agreed repayment instalment arrangement, recovery will be sought in accordance with the Moray Page 141
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Council’s Debt Management Policy and using relevant legal remedies available to the Council, for example an inhibition order. 18. Appeals 18.1 The Council’s title deed style does not make any provision for arbitration. The Council shall adopt the policy that, where there is disagreement between the Council and an owner about repairs or maintenance of common parts and in particular the choice or cost of materials, contractors or the timing of works the matter shall be referred in the first instance to the Housing Asset Manager. Thereafter if the person is still not satisfied, they can write to the Service Manager Property, Estates and Assets stating the reason for their request. 18.2 When an owner is not satisfied with a decision that is taken in accordance with the TMS, for example if they did not vote for a decision or it was taken before they purchased a property, they can apply to the Sheriff Court to have it cancelled. The sheriff will only cancel a decision made by the majority of owners if it is not in the best interests of the owners as a group, or if it is unfair to one or more of them. Owners must apply to the court within 28 days of being informed of the decision. During that time, the decision cannot be implemented. 19. Monitoring 19.1 The Council will monitor the following: • number of occasions on which the TMS scheme is used; • cost of common repairs; • repayment agreements reached with owners; • any actions such as Notice of Potential Liability for Costs or inhibition orders; and • the number of applications to the Sheriff Court to have scheme decisions set aside. 20. Policy review 20.1 The Common Repairs Policy will be reviewed in 2029, or earlier if required by legislative or statutory guidance changes. Page 142
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APPENDIX A Definitions Balustrades The railing system that encloses one or both sides of a staircase. Capital Investment Programme The programme through which the Council funds and organises major improvements and investment in its housing stock. Common areas or parts Parts of the tenement or block of flats that are not within the boundaries of individual flats but are owned jointly by two or more owners in the tenement or block. Common repairs Repairs to the common parts or areas of a building for which all the owners of the relevant common parts or areas are responsible Missing shares Term used to describe an amount which represents an owner’s share for repair costs where that owner is unable or unwilling to pay their share or where that owner cannot be found. The amount paid will be recovered from the ‘missing’ owner by means of a payment plan or Repayment Charge Repayment charge If a local authority pays for common repairs when some owners fail to contribute, they can recover these costs through a repayment charge on the property. The local authority will then register the charge in the appropriate Land Register. The repayment charge has priority over all future burdens and debts secured on the house and, with some exceptions, existing burdens and debts. If the property is sold with the charge still in place, the new owner will become responsible for the debt. Scheme Decision A decision taken by the owners of a majority of the flats in a tenement or block of flats relating to repairs to the common parts. Solum The area of ground that lies inside the walls or foundations of a building. Tenement A tenement is a building comprising two or more related flats that are divided from one another horizontally. Large houses that have been converted into flats, high-rise blocks, four-in-a-block and modern apartment blocks are tenements. Tenement Management Scheme The Tenement Management Scheme is set out in the Tenement (Scotland) Act 2004 which the Council uses to manage common repairs in mixed-tenure flatted properties where property title deeds are silent or contain gaps. Title Deed A legal document, registered in the Register of Sasines or the Land Register, which states who owns a property and sets out the rights and obligations attaching to the property. Page 143
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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) 29/08/2025 1st Draft IIA to be submitted to Housing and Community Safety Committee 18/11/25 STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Common Repairs 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 and ability to access resources needed to finance their share of a common repair. • may experience issues with communication / accessing information. 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 Page 144
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STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: The revised draft Common Repairs Policy complies with relevant legislation and regulatory requirements. It set out the framework for managing and delivering repairs to communal areas in mixed-tenure buildings where both Moray Council and private owners have repairing obligations. It aims to ensure that common repairs are carried out efficiently, fairly, and in a way that supports the sustainability of housing stock and communities. The policy sets out: • How Moray Council will manage common repairs in council-owned and mixed-tenure blocks. • Responsibilities of owners and the Council. • When the Council will lead on common repairs and the process that it will apply to emergency repairs / planned maintenance / improvements. • How repair costs are recharged to owners. 2. Who are your main stakeholders? • Owner-occupiers, landlords and private tenants, who own or live in mixed tenure blocks in Moray • Moray Council tenants • Moray Council Staff 3. What changes as a result of the proposals? Is the service reduced or removed? The revised Common Repairs Policy to: • ensure the Council has policy which complies with current legislative and regulatory requirements and reflects current operational practice; • provide clarity on the process the Council will follow in its management of a common repair; and • remove reference to grant funding which is no longer available. This change has not been enacted through this policy review. 4. How will this affect your customers? It provides clarity on rights and responsibilities and the process that will be used for carrying out a common repair, ensuring a transparent, accountable and consistent process is delivered. This includes: • setting out owner occupier and Council responsibilities; • assistance that the Council will provide; • measures to protect the Housing Revenue Account; and • ensuring that the housing investment programme is effectively delivered and that tenant properties are maintained in accordance with relevant standards. The policy will support improvements to owner-occupied properties and enhance the visual appeal of communities across Moray. 5. Impact on staff providing the service Minimal impact. Training and awareness raising and guidance on the policy and procedure changes will be provided. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Potential Impact – Page 145
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Language barriers may affect engagement in the process or impair the understanding of legal implications/actions. Disability Potential Impact – Those with physical, visual, hearing, learning disabilities or mental health conditions may struggle to access and understand the common repairs service. Some people with a disability may be impacted due to their ability to make financial contributions. Carers (for elderly, disabled or minors) None identified Sex Potential Impact – • Single women and men with children may be at higher risk of poverty, depending on their circumstances. • Victims of domestic abuse (male/female) may have restricted access to finance. These groups may be disproportionally affected in their ability to make financial contributions. Pregnancy and maternity (including breastfeeding) No direct impact Sexual orientation No direct impact Age (include children, young people, midlife and older people) Potential Impact – • Some older owners may not have the financial capability to raise/borrow the finances needed to fund their share of common repairs. • Some older residents may face barriers in understanding or contributing to decisions on repairs. • Not undertaking the common repair may risk the quality of the building/area. This may mean that children in poorly maintained communal areas may suffer health issues and educational setbacks. Religion, and or belief None identified, but faith-sensitive practices should be respected Gender reassignment None identified Inequalities arising from socio- economic differences Potential Impact – • Low income homeowners may not have the financial capability to raise/borrow finances needed to fund their share of common repairs. • Investing in the common repair may incur increased debt and / or reduce a household’s ability to pay for essentials. Page 146
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Investing in homes and neighbourhoods and improving quality of life will have a positive impact on people’s physical and mental health. Repair/maintenance and upgrading existing homes helps to alleviate risks such as fuel poverty concerning poverty. 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 Article 8: Right to respect for private and family life, correspondence and the home The policy supports the right to live in safe, secure, and habitable housing. 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 The policy supports the right to live in safe, secure, and habitable housing. 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 supports this right by incorporating UNCRC considerations. Article 6.2 – Right to survival and development The policy seeks to improve housing quality. Poor housing quality has a direct effect on children’s health, development and educational outcomes. Article 12 – Respect of the views of the child Policy supports this right by incorporating UNCRC considerations. Article 19(1) – The right to be protected from violence and abuse while in the care of parents Page 147
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Article 23 – Children with a disability Policy supports this right by incorporating UNCRC considerations. Article 27 – Adequate standard of living - for the child's physical, mental, spiritual, moral and social development Policy supports this right by incorporating UNCRC considerations. 7. Evidence. What information have you used to make your assessment? Performance data Internal consultation Head of Housing, Property and Communities Service Manager Housing Strategy Service Manager Property, Estates and Assets Housing Asset Manager Senior Housing Officer (Policy) Equal Opportunities Officer Senior Housing Projects Officer Consultation with affected groups A six-week consultation be undertaken from 19 November 2025 to 9 January 2026. This will include: • publication of the revised Common Repairs Policy on the Council website along with an easy read version of the policy and summary of the changes; • an electronic survey, available via the Council’s Moray Engage portal site, which will be promoted across social media platforms; and • contacting relevant stakeholders for feedback, including Register of Interested Tenants and Moray Tenant’s Forum. Local statistics Tenant Satisfaction Survey 2024 National statistics Other Good practice from other Local Authorities, CIH, Scottish Government Scottish Government – Housing to 2040: equalities position statement 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 • Information resources on the Common Repairs Policy and process will be made available in accessible format and using plain language. • Non-digital formats will be considered when communicating with owners/tenants. For example, issuing of notices and letter. • Where appropriate translation and interpretation services will be available, in line with Moray Council policy. Page 148
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• Communication will be maintained with owners/tenants throughout the process. • Staff will offer advice and will signpost owners to sources of independent and / or legal advice. • Where appropriate, repayment plans may be agreed with owners to mitigate against any disproportionate financial impact of the cost of the common repair. • Where appropriate, staff will signpost owners to financial inclusion services and provide information on other available options that an owner may want to consider such as the Open Market Purchase Scheme. Staff will endeavour to provide owners with information and guidance so that they can make an informed decision. • Human Rights – The policy supports the right to live in safe, secure, and habitable housing. • Rights of the Child (UNCRC) – The commitments made within the policy seeks to improve housing quality. Poor housing quality has a direct effect on children’s health, development and educational outcomes. 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 the Housing and Community Safety Committee on 18 November 2025. Date of Decision: Sign off and authorisation: Service Housing, Property and Communities Service Department Housing Policy/activity subject to IIA Common Repair Policy We have completed the integrated impact assessment for this policy/activity. Name: Gillian Henly Position: Senior Housing Officer (Policy) Page 149
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Date: 25/09/2025 Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property and Communities Date: Permission to publish on website - Page 150