Agenda Document Pack - Housing and Community Safety Committee - 12/03/2026
Moray Council · 12 March 2026
Back to Housing and Community Safety Committee — 12 March 2026 and its agenda
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Housing and Community Safety Committee Thursday, 12 March 2026 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 Thursday, 12 March 2026 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 12 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” 4. Minute of meeting dated 18 November 2025 7 - 12 5. Written Questions ** 6. Local Housing Strategy 2025-2030 Report by Executive Director for Education, Housing and Communities 13 - 20 7. Moray Affordable Housing Investment Programme Report by Executive Director for Education, Housing and Communities 21 - 28 8. Housing Investment Plan Update to 31 December 2025 Report by Executive Director for Education, Housing and Communities 29 - 42 Page 1
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9. Common Repairs Policy Review Update Report by Executive Director for Education, Housing and Communities 43 - 86 10. Domestic Abuse Policy – Consultation Results Report by Executive Director for Education, Housing and Communities 87 - 128 11. Housing and Property Services Budget Monitoring to 31 December 2025 Report by Executive Director for Education, Housing and Communities 129 - 140 Item(s) which the Committee may wish to consider with the Press and Public excluded 12. Building Services Budget 2025-26 – Budget Monitoring [Para 9] • 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 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. 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 2
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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 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 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, 18 November 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Tracy Colyer, Ms Beverley Davenport, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Ms Elizabeth McKnockiter, Councillor Derek Ross APOLOGIES Councillor James Allan, Ms Alison Angus, Councillor Shona Morrison, Councillor John Stuart IN ATTENDANCE Executive Director Education, Housing and Communities; Head of Housing, Property and Communities; Service Manager Housing Strategy; Service Manager Property, Estates and Assets; Service Manager Housing Operations; Service Manager Building Services; M Gray, Senior Housing Officer; G Henly, Senior Housing Officer; G Anderson, Senior Solicitor and L Rowan, Committee Services Officer. 1 Chair Councillor Amber Dunbar chaired the meeting. 2 Welcome The Chair welcomed the Executive Director Education, Housing and Communities to her first meeting of the Committee since the Corporate restructure. 3 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. 4 Resolution Item 4. Page 7
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The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 15 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Para Number of the Minute Para Number of Schedule 7a 15 Para 9 - Information on terms proposed or to be proposed by or to the Authority. 5 Minute of meeting of 9 September 2025 The Minute of the meeting of the Housing and Community Safety Committee dated 9 September 2025 was submitted and approved. 6 Written Questions The Committee noted that no written questions had been submitted. 7 Housing and Property Budget Report to 30 September 2025 Under reference to paragraph 4 of the Minute of the meeting of Moray Council dated 26 February 2025, a report by the Executive Director Education, Housing and Communities asked the Committee 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. Following consideration, the Committee unanimously agreed to note 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. 8 Housing Investment Plan Update to 30 September 2025 A report by the Executive Director Education, Housing and Communities informed the Committee of the progress on the Housing Investment Plan to 30 September 2025 and provided an update on the Housing and Property Scottish Housing Quality Standards (SHQS) Compliance Improvement Plan. Following consideration, the Committee unanimously agreed to note: (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. Page 8
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9 Performance Report (Housing and Property Services) - Period to September 2025 A report by the Executive Director Education, Housing and Communities asked the Committee 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. During discussion surrounding the table which displays progress on service plan priorities, Councillor Gatt noted that one area could be considered “green” with a lower percentage than another area with a higher percentage be coloured “amber” and it was queried whether narrative could be included to explain the progress in future reports. In response, the Executive Director Education, Housing and Communities acknowledged that this had also been raised at a recent meeting of the Corporate Committee and advised that she had asked the Research and Information Officers (RIOs) to provide further narrative in this regard. This was noted. During further discussion surrounding Complaints and MP/MSP Enquiries, Councillor Cameron noted that Elected Members receive a number of complaints which they address directly and therefore do not escalate to the complaints process and asked if there was a way these could be recorded. In response, the Head of Housing, Property and Communities advised that he appreciates that Elected Members field a lot of complaints and enquiries before they get to service level and assured the Committee that these are monitored and could be included in future reporting. This was agreed. Thereafter, the Committee unanimously agreed: (i) to note 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; (ii) to note that RIOs were considering ways to provide further clarification on the Service Plan Progress tables in future reports; and (iii) that future reports would display complaints/enquiries dealt with by Elected Members. 10 Scottish Social Housing Charter Compliance Under reference to paragraph 9 of the Minute of the meeting of this Committee dated 9 September 2025, the meeting had before it a report by the Executive Director Education, Housing and Communities informing 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. During discussion surrounding statistics displayed as percentages, Councillor Gatt queried whether actual figures could be displayed for context. Page 9
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In response, the Head of Housing, Property and Communities agreed to provide this further detail following the meeting and in future reports. Thereafter, the Committee unanimously agreed to note: (i) the Council’s performance against the Scottish Social Housing Charter in 2024/25; (ii) the summary of performance on the key Annual Return on the Charter (ARC) indicators against national/benchmarking results; and (iii) that future reports will provide actual figures as well as percentages. 11 Strategic Housing Investment Plan (SHIP) 2026-27 to 2030-31 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 Education, Housing and Communities asking the Committee to approve the Council's draft Strategic Housing Investment Plan (SHIP) 2026/27-2030/31. Following consideration, the Committee unanimously agreed: (i) to note the draft SHIP; (ii) to approve the consultative draft SHIP submitted to the Scottish Government on 30 October 2025; and (iii) that further progress reports on the SHIP are presented to this Committee as required. 12 Rent Management Policy Review Under reference to paragraph 8 of the Minute of the meeting of this Committee dated 9 September 2025, the meeting had before it a report by the Executive Director Education, Housing and Communities asking the Committee to note the results of the Rent Management Policy consultation and approve the Rent Management Policy for implementation. Following consideration, the Committee unanimously agreed to: (i) note the recent consultation feedback results at set out in Appendix I of the report; and (ii) approve the final revised Rent Management Policy for implementation as set out in Appendix II of the report. 13 Domestic Abuse Policy Under reference to paragraph 8 of the Minute of the meeting of this Committee dated 13 February 2024, the meeting had before it a report by the Executive Director Education, Housing and Communities asking the Committee to consider and approve the contents of the Housing Service's draft Domestic Abuse Policy and approve it to progress to public consultation. Page 10
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Councillor Cameron, welcomed the report and the Council’s commitment to tackling domestic abuse through policy and in collaboration with organisations such as Moray Violence Against Women and Girls and Moray Women’s Aid, particular as Moray has the highest proportion of domestic abuse incidents compared to the Scottish average and moved that the Committee approve the recommendations as printed. Councillor Macrae seconded this. During further discussion in relation to the Draft Domestic Abuse Policy consultation, Councillor Harris noted that Moray Women’s Aid did not feature amongst relevant stakeholders who were being consulted and queried whether this organisation could be included given the significant work they do alongside Moray Council in supporting victims of domestic abuse. In response, the Service Manager Housing Strategy agreed to include Moray Women’s Aid in the Draft Domestic Abuse Policy consultation. Thereafter, the Committee unanimously agreed: (i) to approve the draft Domestic Abuse Policy as set out in Appendix I of the report; (ii) that a consultation exercise on the draft Domestic Abuse Policy is undertaken, as set out in Section 5 of the report which will also include Moray Women’s Aid as a consultee; and (iii) to note 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. 14 Common Repairs Policy Review Under reference to paragraph 6 of the Minute of the Community Services Committee dated 23 November 2005, the meeting had before it a report by the Executive Director Education, Housing and Communities asking the Committee to approve the revised draft Common Repairs Policy and agree a consultation process with relevant stakeholders. During discussion, Councillor Ross noted that a 6 week consultation period would take place between 19 November 2025 and 9 January 2026 and queried whether this could be extended to 8 weeks given it was over the festive period. In response, Ms Henly, Senior Housing Officer agreed to extend the consultation period to 8 weeks. Following consideration, the Committee unanimously agreed: (i) to note the requirement to review the Common Repairs Policy; (ii) to approve the revised draft Common Repairs Policy, as set out in Appendix I and Section 6 of the report; (iii) that a consultation on the revised draft Common Repairs Policy is undertaken with key stakeholders, as set out in Section 6 of the report subject to the consultation period being extended to 8 weeks; and Page 11
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(iv) to note 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. 15 Building Services Budget 2025-26 - Budget Monitoring [Para 9] Ms B Davenport, Tenant Representative left the meeting at this juncture. 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 Education, Housing and Communities presenting the budget monitoring information for the period to 30 September 2025 for the Building Services Trading Operation. The Committee joined the Chair in congratulating the Voids Team in meeting the relet target of thirty-two calendar days with an average relet timescale of thirty-one days and thereafter unanimously agreed: (i) the financial information for the period to 30 September 2025, as detailed in Section 6 and Appendix I of the report; (ii) Building Services operating performance for the period to 30 September 2025, as set out in Section 7 of the report; and (iii) the revised projected outturn to 31 March 2026, as detailed in Section 8 and Appendix I of the report. Page 12
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Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 Report by: Executive Director Education, Housing and Communities Author: Daska Murray Contact Email: housingstrategy@moray.gov.uk Subject: Local Housing Strategy 2025-2030 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to present the Committee with the results of the public consultation on the consultative draft Local Housing Strategy 2025-2030. 1.2 This report is submitted to Committee in terms of Section III (G) (11) of the Council’s Scheme of Administration relating to the formulation and implementation of the Council’s strategic Housing Plan. 2. SUMMARY 2.1 This report presents the Committee with the revised draft Local Housing Strategy (2025- 2030) for approval following a recent public consultation. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) considers the feedback received during the consultation period; ii) approves the revised draft Local Housing Strategy 2025-2030 and action plan for implementation as set out in section 7.8; and iii) notes that there were no changes made to the Integrated Impact Assessment (IIA) following the consultation as detailed in section 7.8. Daska Murray Senior Housing Officer (Strategy) Item 6. Page 13
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4. BACKGROUND AND CONTEXT 4.1 The Housing (Scotland) Act 2001 requires local authorities to produce a Local Housing Strategy (LHS) supported by an assessment of housing need and demand. 4.2 On 13 February 2024, this Committee was advised of the “robust and credible” status of the Housing Need and Demand Assessment 2023 (HNDA) (paragraph 6 of the Minute refers). 4.3 On 24 June 2025, this Committee considered a report on the development of the LHS 2025-2030 (paragraph 9 of the Minute refers). 4.4 This Committee were asked to approve a consultative draft LHS 2025-2030 for public consultation (paragraph 7 of the Minute refers). The consultative draft was developed in accordance with Scottish Government guidance published in 2019. 5. LHS DEVELOPMENT AND CONSULTATION PROCESS 5.1 The draft LHS set out how the Council and its partners intend to alleviate housing need, address homelessness and improve the whole housing system across Moray. It has been developed using a collaborative co-production approach between partners, stakeholders and public consultation. It is underpinned by the findings of the HNDA 2023. 5.2 Development of the LHS 2025-2030 was overseen by the multi-agency Housing Market Partnership, supported by Arneil Johnston. The Partnership includes representatives from the relevant Council services and other agencies such as Planning, Health and Social Care Moray, NHS Grampian, Registered Social Landlords, Scottish Government, enterprise companies, private sector representative bodies and third sector representatives. Their contributions were central in shaping the draft, particularly in identifying and refining the priorities and actions identified through early engagement. 5.3 The draft LHS vision is “In Moray everyone has access to the right home, in the right place at the right time”. To achieve this vision and tackle the main priorities for action identified by local residents, partners and stakeholders, the following four LHS priorities have been defined: • Priority 1: Building more homes creates sustainable communities and enables economic growth. • Priority 2: Making better use of existing homes prevents homelessness and improves housing options and choice. • Priority 3: Partnership working maximises housing’s role in improving health and wellbeing. • Priority 4: Improving property condition and achieving affordable warmth is enabled in all homes. 5.4 A public consultation on the consultative draft LHS took place between 18 September to 14 November 2025. This was published on the Council’s Moray Engage portal accompanied by an online survey, with paper copies available on request. The survey was structured in a way to enable respondents to skip sections if these were less relevant to them. While earlier engagement focused on identifying key issues for inclusion in the LHS, this final stage of consultation focused on assessing support for each priority and the Page 14
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actions associated with these, but with the facility to provide optional comments. The survey findings are presented in Section 6. 5.5 The public consultation was promoted through a press release, social media activity and internally on the Interchange. Targeted emails were issued to an extensive list of stakeholders, with a reminder sent two weeks before the consultation closed. 6. LHS CONSULTATION RESPONSE 6.1 The public consultation generated 70 responses, of which 9% represented views from organisations and 91% from individuals. This represents a significant increase compared to the previous LHS review, which received 15 responses. The results are summarised below. (Percentages may not tally exactly to 100% due to rounding). 6.2 Overall, the feedback received was generally positive and only minor changes were needed to the consultative draft LHS and action plan. The results show significant support for each of four priorities identified: Priority 1: Building more homes creates sustainable communities and enables economic growth. 6.3 The majority of respondents supported this priority. Of the 70 responses received, 46 (66%) either strongly agreed or agreed, 13 (19%) were neutral, and 11 (16%) disagreed or strongly disagreed. 6.4 Respondents could submit comments on any of the four priorities identified and 22 comments were received. These were then analysed for themes relevant to each priority, with some having relevance to multiple priorities. The themes relevant to this priority included: • support for increasing social housing supply, particularly to reduce homelessness pressures; • there being unmet need for certain types of properties across all housing tenures, especially accessible homes for older people and smaller homes suited to single households or couples; 0% 20% 40% 60% 80% 100% Priority 4 Priority 3 Priority 2 Priority 1 LHS 2025-2030 : Do you agree with these priorities? Don't know Strongly disagree Disagree Neither agree nor disagree Agree Strongly agree Page 15
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• some of the comments were more relevant to other Council housing policy areas not directly relevant to the scope of the LHS and therefore no changes have been made; and • mixed views on the wider impacts of increasing housing supply. These comments are more relevant for consideration within the Local Development Plan (LDP) and/or the Council’s Economic Strategy. 6.5 Respondents were then asked to give an approval rating for each item of the LHS action plan associated with this priority. A total of 54 responses were received to this part of the survey, with high levels of support (ranging between 81%-91%) for each of the actions suggested. 6.6 The survey invited comments on the proposed actions for these priorities, and whether there was anything else that could be done to achieve priority 1. Comments returned on the actions generally repeated the earlier themes noted, with some additional points: • a need to address under occupancy and make better use of the available housing stock (considered under priority 2); • the need for housing options for key workers; • concerns that private sector new build often focuses on large family homes or luxury housing, rather than accessible or smaller homes sought out by older people or smaller households; and • a suggestion to incorporate the Cairngorms National Park Partnership Plan 2022-27 within Section 2.2 of the LHS (Strategic Context for Housing in Moray), which has been actioned. Priority 2: Making better use of existing homes prevents homelessness and improves housing options and choice. 6.7 There was strong support for priority 2. Of the 70 responses, 67 (96%) strongly agreed or agreed, 2 (3%) who gave a neutral ‘neither nor’ response, and 1 respondent (1%) who disagreed. The themes of the comments received relevant to this priority were suggestions to review Council sheltered housing provision, and that facilities vary significantly across areas. This is an action within the proposed action plan. There were no comments regarding empty homes. 6.8 Respondents rated the actions associated with priority 2. There were 54 responses to this part of the survey, with the majority (ranging between 79%-84%) supporting each of the actions suggested for this priority. Most of the comments returned for these actions repeated the earlier themes, apart from the following: • the need to reduce underoccupancy in the affordable housing sector; • several comments on short term lets and second homes impacting housing availability; and • the need to provide enhanced actions to support tenancy sustainment. Priority 3: Partnership working maximises housing’s role in improving health and wellbeing. 6.9 Most respondents supported this priority. A total of 55 respondents (79%) either strongly agreed or agreed, 13 respondents (19%) gave a neutral response of neither agree nor disagree or don’t know, and 2 respondents (3%) disagreed or strongly disagreed. Comments mainly highlighted the importance of warmer homes and improved soundproofing in flatted properties to support health and wellbeing. Page 16
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6.10 Respondents were asked to rate the proposed actions associated with this priority. There were 55 responses, with strong support for the actions proposed (84%-98%). Comments on the actions largely repeated themes noted earlier. Additional points raised included: • a need for housing suitable for specific needs or different life stages, such as young people with disabilities and older people; and • comments relating to the lack of provision of specialist housing for people with mental health support needs. Text has been added to the revised draft LHS to address this, and provision has been included in the SHIP approved on 18 November 2025 (paragraph 11 of the draft Minute refers). Priority 4: Improving property condition and achieving affordable warmth is enabled in all homes. 6.11 The majority of responses were supportive of this priority. There were 64 respondents (91%) who strongly agreed or agreed, 2 respondents (3%) who gave a neutral (neither agree nor disagree) response, and 4 respondents (6%) who either disagreed or strongly disagreed. Comments for this priority were mainly specific to social housing, or the Council’s housing stock maintenance in particular: • the need to prioritise energy efficiency and fabric improvements to Council stock; and • concerns about the affordability of energy efficiency standards for the social rented sector. 6.12 There were 54 responses to the approval ratings for the actions associated with priority 4. Most actions received strong support (ranging between 67%–91%). The survey invited comments on these actions, and whether there was anything else that could be done to achieve priority 4. Only a few comments were received, some repeating the earlier themes noted apart from the following: • the value of encouraging sustainable development through construction incentives and prioritising local labour; • less support for an action relating to carbon credits, which was removed from the action plan as a result; and • a view that apprenticeship programmes could be strengthened and should be promoted better to young people. The development of the apprenticeship programmes will be led by the Community Wealth Building Team. 7. LHS PUBLICATION 7.1 The consultative draft LHS was submitted to the Scottish Government on 2 October 2025. The Scottish Government make arrangements for a peer review to be carried out by a panel of officers from the Scottish Government and other local authorities. The findings of the panel are intended to be learning opportunities. The Council is not required to make further changes to its final LHS following the peer review process. 7.2 Since the consultative draft was issued, a further amendment has been necessary to reflect a new two-year partnership between Aberdeenshire Council and Moray Council to deliver an empty homes service. This fulfils the aims of the Strategic Empty Homes Partnership acting for the Scottish Government, who have partly funded the project. Page 17
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7.3 A revised draft strategy and action plan incorporating the amendments detailed in this report have been uploaded to the Council’s website for consideration at www.moray.gov.uk/housingstrategies. No additional changes to the draft Integrated Impact Assessment (IIA) were required following the public consultation. It is proposed that the Committee consider and approve these for publication, and implementation begins with immediate effect. 8. SUMMARY OF IMPLICATIONS 8.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 8.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 8.3 Policy and Legal It is a requirement of the 2001 Housing (Scotland) Act that local authorities have a Local Housing Strategy. Detailed guidance has been produced by the Scottish Government. Page 18
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8.4 Financial There are no implications arising directly from this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 8.5 Risk There are no implications arising directly from this report. 8.6 Staffing There are no implications arising directly from this report. 8.7 Best Value and Transformation There are no implications arising directly from this report. 8.8 Property There are no implications arising directly from this report. 8.9 Information Communications/Technology/Digital There are no implications arising directly from this report. 8.10 Equalities, Social Inclusion and Economic Impact It is a statutory requirement that equality issues should be addressed in the LHS. The LHS includes strong themes on economic disadvantage and inequality. Data and evidence about the specialist housing and support needs of equalities groups have been gathered as part of the Council’s Housing Need and Demand Assessment 2023. The revised draft LHS sets out how the Council intends to address these needs. There have been no changes to the draft Integrated Impact Assessment following the public consultation. 8.11 Climate Change and Biodiversity Impacts The aims of the Local Housing Strategy are closely aligned to the Council’s Climate Change Strategy, and Local Heat and Energy Efficiency Strategy (LHEES). 9. CONSULTATION 9.1 This report has been prepared in consultation with the Executive Director Education, Housing and Communities, the Head of Housing, Property and Communities, the Head of Growth, Planning and Climate, G. Anderson (Legal Services Senior Solicitor), the Chief Page 19
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Social Work Officer, Chief Officer MIJB, the Service Manager Housing Strategy, the Service Manager Property, Estates and Assets, the Service Manager Housing Operations, the Service Manager Housing Need, the Equal Opportunities Officer and L. Rowan (Committee Services Officer). 10. BACKGROUND PAPERS 10.1 Held by author. Consultative Draft Local Housing Strategy 2025-2030 Strategic Housing Investment Plan (SHIP) 2026/27 to 2030/31 Page 20
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Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 Report by: Executive Director Education, Housing and Communities Author: Fiona Geddes Contact Email: housingstrategy@moray.gov.uk Subject: Moray Affordable Housing Investment Programme 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of progress on the Affordable Housing Investment Programme in Moray. 1.2 This report is submitted to Committee in terms of Section III (G) (10) of the Council's Scheme of Administration relating to the preparation and implementation of strategic housing plans. 2. SUMMARY 2.1 The report provides details of an update on the current and future affordable housing investment programme, including the recently received Resource Planning Assumption for 2025/26. The report also provides an update on the Council’s own new build and acquisition programme, including an update on development of Bilbohall, Elgin. 3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinise and note progress on: i) the Moray Affordable Housing Investment Programme; i) delivery of housing intended to meet the workforce housing needs of SSEN Transmission and their sub-contractors; and ii) delivery of housing at Bilbohall, Elgin; and iii) the delivery of the Council’s new build and acquisition programme. Fiona Geddes Item 7. Page 21
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Housing Strategy and Development Manager 4. BACKGROUND AND CONTEXT 4.1 The Council receives an annual resource allocation from the Scottish Government to fund the supply of new affordable housing in Moray. The Council’s Strategic Housing Investment Plan (SHIP) determines how this funding will be used to plan and deliver the affordable housing priorities of the Local Housing Strategy. The investment and project priorities set out in the SHIP form the basis of an annual Strategic Local Programme Agreement (SLP) between the Council and the Scottish Government. The SLP details the projects that will be funded during the year, the affordable housing developers who will deliver them, the targets for grant expenditure and the milestones by which progress on delivery will be measured. The Council and Registered Social Landlords (RSLs) are the principal developers of affordable housing in Moray. 4.2 On 13 February 2024, this Committee approved a rationale for prioritisation of projects anticipated to start during 2024/25/26 (paragraph 9 of the Minute refers). The agreed priorities are: • corporate and strategically important projects, i.e. Bilbohall; Speyview, Aberlour; • supported housing for people with learning disabilities i.e. Woodview2, Lhanbryde; Western Village, Elgin South; • Growth Deal Housing Mix Project developments i.e. South Street/High Street, Elgin; Dallas Dhu, Forres; • NHS key worker housing, to be agreed following the publication of NHS Housing Need Assessment currently in development; and • Open market acquisition of long-term empty homes. 4.3 On 18 November 2025, this Committee approved the Council’s SHIP 2026/27 – 2030/31 (paragraph 10 of the draft Minute refers). 4.4 The last update on the Affordable Housing Investment programme was presented to this Committee on 24 June 2025 (paragraph 8 of the Minute refers). 5. MORAY STRATEGIC LOCAL PROGRAMME (SLP) 5.1 On 1 May 2025, Moray Council received notification of the RPA for 2025/26 of £8.902m plus £0.093m for acquisitions specifically to help address temporary accommodation pressures, totalling £8.995m. This is similar to pre-2024/25 allocations. The Scottish Government and the Council have agreed a SLP for 2025/26 based on this funding allocation. No indication of RPA for subsequent years has been provided. 5.2 As in previous years, the Moray programme will be delivered by a combination of the Council and the RSLs, Grampian Housing Association, Cairn Housing Association, Osprey Housing. 5.3 In recent years, the amount of More Homes Division grant has been over-committed against RPA, and this has the support of the Scottish Government as an opportunity to take advantage of programme slippage in other local authority areas and to contribute to the aims of Housing to 2040. Page 22
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5.4 The following tables illustrate the affordable housing programme for 2025/26 where Scottish Government funding has been secured, or where the project fits with the prioritisation described at Para 4.2 above: Currently under construction Site Town No of units Landlord Completion date (est) Speyview Phase 1 Aberlour 39 Moray Council Jan-Mar 2026 Kinneddar Meadows Lossiemouth 8 Osprey Housing Feb 2026 Western Village, Elgin South Elgin 42 Grampian HA May 2026 High St/South St Regen Elgin 38 Cairn HA Oct 2026 Firth Rise, Hopeman R1 Hopeman 12 Osprey Housing Jul-Nov 2026 Speyview Phase 2 Aberlour 31 Moray Council Dec 2026 Total 170 Site start expected during 2025/26 Site Town No of units Landlord Site start (est) Bilbohall Phase 1 (R2) Elgin 28 Moray Council Jan 2025 Total 28 Site start expected during 2026/27 Site Town No of units Landlord Site start (est) Bilbohall Phase 2 (R3 Care Village) Elgin 22 Grampian HA TBC Garmouth Road (Woodview2) Lhanbryde 34 Grampian HA Aug 2026 Hill Street (Ph2) Dufftown 5 Moray Council TBC Elgin South, The Campus/Birnie Wood East Elgin 51 Grampian HA TBC Total 112 5.5 Officers will continue to maintain a substantial shadow programme of developments. Should additional grant funding become available, officers will be able to bring a project(s) forward from the shadow programme, in accordance with the priorities set out at Para 4.2 and in the SHIP. 5.6 Progress on programme delivery will be reported to this Committee on a biannual basis. 6. MORAY STRATEGIC LOCAL PROGRAMME (SLP) 2025/26 SSENT 6.1 SSENT have plans to complete a £20 billion investment programme. Full details are available on the SSENT website at Projects - SSEN Transmission. SSENT need to bring their workforce into the north of Scotland to deliver this programme. This impacts on Highland, Moray, Aberdeenshire and Angus local authority areas. Workforce accommodation will be required during 2025 – 2030. Page 23
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6.2 Officers have provided options for SSENT, drawn from the SHIP Shadow Programme, with the aim of enabling delivery of affordable housing stalled due to lack of funding. Given that delivery and occupation within required timescales are fundamental to SSENTs programme, options where planning consent has already been granted have been prioritised. At the time of writing social landlords, including Moray Council, were actively considering participation. 6.3 Proposals for the Council’s participation in delivery on sites at Banff Road, Keith; Bain Avenue, Elgin; and R1 Lhanbryde are being actively considered. SSENTs intended exit strategy is disposal of properties to Moray Council as affordable housing for rent when their investment works programme and workforce housing need ends in approximately 4-5 years. The Scottish Government have been clear that no grant subsidy is available for these developments, but they welcome the opportunity for a legacy of affordable housing to result from SSENTs activity. Bilbohall, Elgin 6.4 Following a competitive tender process, Ogilvie Construction have been appointed to deliver a first phase of development (28 units), with construction beginning in spring 2026. 6.5 Scottish Government funding has been secured via exchange of signatures. 6.6 The first phase includes provision of shared infrastructure and advance planting requirements. This has necessitated a significant amount of Scottish Government grant funding, taking up a large proportion of RPA. This has impacted the site starts possible during 2025/26 and is reflected in Para 5.4 above. 7. COUNCIL ACQUISITION PROGRAMME 7.1 The SHIP provides facility to purchase properties from the open market for provision of affordable housing, where strategic and value for money criteria have been met. 7.2 On 20 November 2025, the Scottish Government provided details of the distribution of the Housing First Capital Funding 2025/26. Moray Council has access to £0.041m. 7.3 The projected outturn for 2025/26 is presented in the table below. 2025/26 Funding Source Budget outturn spend * completions pending completions Total Affordable Housing Supply Programme RPA £0.303m 1 3 5 Rural Affordable Homes for Key Workers Fund Additional to RPA but national budget £0.149m 2 0 2 Temporary Accommodation Pressures £0.369m ringfenced within RPA £0.369m 6 0 6 Housing First Capital Fund £0.041m ringfenced £0.041m 0 1 1 * Projected Page 24
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8. SUMMARY OF IMPLICATIONS 8.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 8.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population 8.3 Policy and Legal The affordable housing supply programme contributes to meeting the Council’s statutory duties to address homelessness and meet housing need in Moray. Assisting SSEN in their objectives will contribute to delivery of the Council’s Economic Strategy, to delivery of new build housing, and to achieving energy security in the longer term. 8.4 Financial The report provides details of the resources being made available by the Scottish Government to part-fund affordable housing in Moray. The Council has agreed that 50 new council houses will be built per annum. The current HRA Business Plan has made Page 25
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provision for the level of borrowing required to part-fund the Council’s housebuilding programme. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 8.5 Risk 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. The programme may be impacted by economic and market conditions and site-specific issues as developments proceed. In particular, interest rates and potential front funding will impact on the cost of development. There are processes in place to manage these risks and mitigations considered. 8.6 Staffing There are no implications arising from this report 8.7 Best Value and Transformation There are no implications arising from this report 8.8 Property The report details the ongoing programme for development of additional affordable housing in Moray in response to strategic needs and specifically the Council new build programme to increase the Council’s own supply of affordable housing. 8.9 Information Communications/Technology/Digital There are no implications arising from this report. 8.10 Equalities, Social Inclusion and Economic Impact The housing needs of equalities groups are identified in the Local Housing Strategy (LHS). The Moray Affordable Housing Programme seeks to deliver the housing priorities identified in the LHS. Page 26
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The property mix for the new build project has been influenced by Housing Need and Demand Assessment findings which includes consideration of specialist housing needs. The detailed proposals include provision for amenity accommodation for older people, and larger family sized housing intended to alleviate overcrowding, when the properties revert to use as affordable housing. 8.11 Climate Change and Biodiversity Impacts The aims of the affordable housing programme are closely aligned to the Council’s Climate Change Strategy, and Local Heat and Energy Efficiency Strategy (LHEES). Assisting SSENT in the delivery of their investment programme will facilitate energy security and contribute to electricity supply sufficient for the transition to zero carbon. 9. CONSULTATION 9.1 This report has been prepared in consultation with the Executive Director Education, Housing and Communities, the Head of Housing, Property and Communities, the Head of Economic Growth and Development, Service Manager Legal Services, the Service Manager Property, Estates and Assets, the Service Manager Housing Need, the Service Manager Housing Operations, the Service Manager Strategic Planning and Development, the Integrated Service Manager Community Learning Disability Team, and L. Rowan, Committee Services Officer. 10. BACKGROUND PAPERS 10.1 Strategic Housing Investment Plan (SHIP) - Moray Council Moray Affordable Housing Investment Programme June 25.ashx Page 27
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Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 Report by: Executive Director Education, Housing and Communities Author: Neil Strachan Contact Email: Neil.strachan@moray.gov.uk Subject: Housing Investment Plan Update to 31 December 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 31 December 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. It is anticipated that at year end there will be an underspend of circa £2.031k. 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 : i) notes the planned works which will improve the Council’s housing stock; ii) notes the current progress of the improvement plan; iii) notes the plans to ensure compliance continues to improve; iv) declares surplus to requirements 11 Sutherland Street, Buckie; and Item 8. Page 29
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v) Recommends to Moray Council that delegation is given to the Head of Housing, Property and Communities to declare surplus to requirements single residential properties at the next review of the Scheme of Delegation. Neil Strachan 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 (para 4 of the minute refers). APPENDIX I shows the approved budget for 2025/6, which is £36,443k. This report provides an update on the investment plan to 31 December 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 31 December 2025, 55% 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 31 December 2025. 4.3 APPENDIX I shows the total income and expenditure for financial year 2025/26. The figure shows that as at 31 December, end of Quarter 3, expenditure of £20,954k was achieved, which represents a spend of 57.5% 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. It is anticipated that there will be an overall year end underspend of circa £2,031k. Annual Budget (£000’s) Spend to 31 December 2025 (£000’s) Variance to 31 December 2025 (£000’s) £36,443 £20,954 £15,489 4.4 APPENDIX II shows expenditure on Response and Void repairs. Spend is £3,946k to 31 December 2025. Overall expenditure to date is at 66% which is slightly underspent at quarter 3. The gas repairs are showing a significant underspend at 43% although this is not unsurprising as the period does not include the traditionally colder winter months and there has been significant investment in heating upgrades over the last few years. Void house repairs are placing a pressure on this budget with a requirement being placed on the DLO to keep this on budget. Annual Budget (£000’s) Spend to 31 December 2025 (£000’s) Variance to 31 December 2025 (£00’s) £6,000 £3,947 £2,053 Page 30
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4.5 APPENDIX III shows expenditure on Estate Works which has an annual budget of £740k. Current spend represents 71% of the budget is committed as at 31 December 2025. The largest spend was on the Estate Upgrade budget, which is already overspent by 23%. It is anticipated to have a yearend overspend of circa £500k. 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. The decision has been made to underspend on the asbestos budget to be used to ensure the overall Estate Works budget does not overspend and will project an underspend of £65,000. Annual Budget (£000’s) Spend to 31 December 2025 (£000’s) Variance to 31 December 2025 (£000’s) £740 £526 £214 4.6 APPENDIX IV shows the expenditure on Cyclical maintenance. Spend to 31 December 2025 is £1,176k which represents 67% committed with a remaining budget of £580k. The external decoration and fabric repair budget has 84% 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 31 December 2025 (£000’s) Variance to 31 December 2025 (£00’s) £1,756 £1,176 £580 4.7 APPENDIX V shows the planned maintenance and other investment split between Capital and Revenue spend. Overall, the capital spend was £13,647k to 31 December 2025, which represents 51% of the budget. The revenue spend is £1,159k representing and overspend of £185K of the budget. It is expected that this overall budget will underspend by year end of £2,241k. Annual Budget (£000’s) Spend to 31 December 2025 (£000’s) Variance to 31 December 2025 (£00’s) £27,947 £14,806 £13,141 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 31 December 2025, a total of 79 properties has received window upgrades, and 217 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 £606k 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 Page 31
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of revenue spend Electrical Upgrades has a significant overspend which again is in relation to the additional certification that will be required for SHQS compliance. The expected overspend of circa £450k will be partly met by underspends in other revenue budgets stated above however there is expected to be an overall revenue overspend of circa £250k. 4.8 APPENDIX VI shows the income and expenditure for Private Sector Housing Grants to 31 December 2025. Income and Expenditure for Private Sector Housing APPENDIX VII shows the position with regard to grant expenditure for Private Sector Housing Grant to 31 December 2025. The legally committed figure in Category C of £43k represents 100% of the allocated budget. Spend to 31 December 2025 was £22k which represents 51% of the allocated budget. Annual Budget (£000’s) Spend to 31 December 2025 (£000’s) Variance to 31 December 2025 (£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 electrical SHQS compliance recorded in 74% 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 in revenue and capital. 5.2 The second key component of SHQS, is the Energy Efficiency Standard for Social Housing (EESSH) compliance. As of 31 December 2025, 73% of the Council’s 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 require some additional energy efficiency measures to ensure properties achieve the revised EPC ratings. The Housing Asset Team is working with current contractors to ensure compliance can be achieved as soon as possible. 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 £17,950k allocated with £7,957k 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 Page 32
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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 from its start has delivered the following improvements so far: 384 Heating installations 290 Kitchen upgrades 319 Bathroom upgrades 935 Insulation improvements (loft, cavity, internal & external wall) 145 Solar /PV 5.5 In addition to this, a separate 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 £414k. 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. 6 Surplus Property 6.1 Following a review of long-term void properties, it was identified that the property at 11 Sutherland Street, Buckie required extensive work to bring up to a lettable standard and meet all regulatory requirements. An appraisal of the property was undertaken with costs of upgrading the property to meet required regulatory standards would be in excess of £72,000. Considering the cost, value and housing demand it was established that the best value outcome for the Housing Revenue Account would be to dispose of the property. 6.2 A review of the Council governance process highlighted that the declaring of surplus Housing Assets was not delegated to the Head of Housing, Property and Communities it is therefore requested that Committee approve the declaring of this property surplus to requirements and recommends to Moray Council that future delegation is granted to the Head of Housing, Property and Communities when the Scheme of Delegation is reviewed. 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 √ Page 33
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Staffing √ Best Value and Transformation √ Property √ Information Communications Technology/Digital √ 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 The Council undertakes maintenance and improvement works to ensure compliance with statutory legal obligations and in alignment with current policies and best practices. 7.4 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. 7.5 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. 7.6 Staffing There are no specific implications with this report 7.7 Best Value and Transformation There are no specific implications with this report Page 34
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7.8 Property The improvement and maintenance of the housing stock will ensure that it remains sustainable in the longer term both physically and environmentally. 7.9 Information Communications/Technology/Digital There are no specific implications with this report. 7.10 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. 7.11 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). 8. CONSULTATION 8.1 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 Service Manager Democratic Services and any comments made have been incorporated into the report. 9. BACKGROUND PAPERS 9.1 None. Page 35
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APPENDIX I INVESTMENT PROGRAMME INCOME AND EXPENDITURE 2025/26 31 December 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 6,000 3,946 66% 2,054 5,934 Estate Works 740 526 71% 214 625 Cyclic Maintenance 1,756 1,176 67% 580 1696 Planned Maintenance (Revenue) 974 1,159 119% -185 1434 Planned Maintenance (Capital) 26,522 13,647 51% 12,875 24,272 Other Investment 451 500 111% -49 451 Sub total 36,443 20,954 57% 15,489 34,412 Other Capital expenditure New build – capital costs 14,117 8,088 Total 14,117 8,088 Funded by HRA revenue 9,921 7,307 Government grant 9,285 5,241 Use of Council tax discount 650 0 Prudential borrowing 27,505 16,314 Other Grants 0 180 Capital receipts 0 0 C.F.C.R 3,199 0 Total 50,560 29,042 Page 36
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APPENDIX II INVESTMENT PROGRAMME EXPENDITURE 2025/26 31 December 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 969 694 72% 275 969 East area 1,521 753 50% 768 1521 Central area 874 650 74% 224 874 Void house repairs 1,934 1,576 81% 358 1934 Voids Decoration voucher 66 1 2% 65 66 Gas heating repairs 636 273 43% 363 636 6,000 3,947 66% 2,053 6,000 Page 37
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APPENDIX III INVESTMENT PROGRAMME EPENDITURE 2025/26 31 December 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 9 32% 19 10 Asbestos 383 95 25% 288 150 Landscape Maintenance 92 114 124% -22 120 Estates/forum upgrades 237 308 130% -71 395 740 526 71% 214 675 Page 38
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APPENDIX IV INVESTMENT PROGRAMME EPENDITURE 2025/26 31 December 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 432 328 76% 104 432 Solid fuel servicing 16 13 81% 3 16 Air source heat pump servicing 67 43 64% 24 67 Smoke detector servicing 116 38 33% 78 116 External decoration and Fabric Repairs 860 724 84% 136 860 Servicing fans, windows etc 30 26 87% 4 30 PIV 50 0 0 50 50 Solar and battery 25 0 0 25 25 Fire Risk Assessments and Associated works 160 4 2.5% 156 100 1,756 1,176 67% 580 1,696 Page 39
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APPENDIX V Investment Programme expenditure 2025/26 31 December 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 1,131 87% 169 1,300 Bathroom Replacements 620 502 81% 118 620 Central Heating 1,900 1,837 97% 63 1,900 Doors and Windows 3,000 1,355 45% 1,645 3,000 EESSH - Insulation 750 89 12% 661 750 EESSH and Solar batteries 350 50 14% 300 150 EESSH - Social Housing Net Zero Fund 150 914 609% -764 850 EESSH / EESSH 2/ Insulation 16,700 6,906 41% 9,794 14,500 Electrical upgrade 0 606 100% -606 600 Major works 700 1 0.001% 699 300 Roof replacements 1,052 257 24% 795 1,052 Sub Total (Capital) 26,522 13,648 51% 12,874 24,272 Rainwatergoods 299 122 41% 177 299 Rainwatergoods - Roof Moss Cleaning 239 334 140% -95 239 Plumbing Upgrades 62 23 37% 39 62 Electrical Upgrades 150 407 271% -257 600 Roof and Fabric 0 133 100% -133 0 Safety and Security 26 14 54% 12 26 Sheltered Housing 12 10 83% 2 12 Decoration Vouchers 124 97 78% 30 124 Shower Installations 62 18 29% 44 62 Sub Total (Revenue) 974 1,158 119% -181 1,434 Disabled Adaptations 400 330 83% 70 400 Enabling Projects 51 170 333% -119 51 Sub Total (Other Investment) 451 500 111% -49 451 Total 27,947 15,306 55% 12,641 25,706 Page 40
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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 41
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Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 Report by: Executive Director Education, Housing and Communities Author: Gillian Henly Contact Email: Housingpolicy@moray.gov.uk Subject: Common Repairs Policy Review Update 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the Common Repairs Policy consultation and request approval of the Common Repairs Policy for implementation. 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 the results of the Common Repairs Policy consultation and the final Common Repairs Policy for approval and implementation. 3. RECOMMENDATIONS 3.1 It is recommended that Committee (delete as appropriate): i) considers the results of the consultation feedback in Section 5 and APPENDIX I; and ii) approves the final Common Repairs Policy for implementation as set out at APPENDIX II. Gillian Henly Senior Housing Officer (Policy) Item 9. Page 43
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4. BACKGROUND AND CONTEXT 4.1 Owner occupiers are primarily responsible for repairs and maintenance to their homes. Most properties are governed by title deeds, which typically: • define ownership responsibilities, • outline maintenance of common areas, and • set out how costs are shared. However, some deeds do not address decision-making for common repairs. Where deeds are silent or incomplete, the Tenement Management Scheme provides a statutory framework for decision-making and cost allocation. 4.2 In blocks of flats, the Council, as a landlord and property owner, has the same rights and responsibilities as other owners in relation to common elements. However, to ensure tenant safety and support investment programmes, the Council may propose works and offer to undertake them on behalf of other owners. In such cases, owners are required to pay the Council their proportionate share of the costs. Most owners agree to pay when approached about common repairs. However, refusal to contribute can delay essential works, risking further deterioration and significantly higher costs if repairs are postponed. 4.3 On 23 November 2005, the Common Repairs Policy, which sets out how the Council manages the repairs of buildings where it shares ownership and responsibility with others, was approved by the Community Services Committee (Para 6 of the Minute refers). 4.4 On 18 November 2025, Housing and Community Safety Committee approved the draft revised Common Repairs Policy for an eight-week consultation, (Para 14 of the Minute refers). It also agreed that an update report detailing the outcome of the consultation and a final Common Repairs Policy would be provided to this Committee for agreement. 5. CONSULTATION FEEDBACK AND ANALYSIS 5.1 The eight-week consultation commenced on 19 November 2025 and was further extended by one week to end on 21 January 2026. The consultation included: • Publication of the revised Common Repairs Policy, along with an easy-to-read version of the policy; • An online survey on the Housing Hub section of the Moray Engage portal, with paper copies available upon request. This was open to anyone who wanted to submit a response; • Targeted communication with housing tenants, along with property owners of buildings where the Council shares ownership and responsibility, via email to inform them of the consultation; • Promotion of the consultation via the Council’s website, news and social media platforms; • Requests for stakeholders’ feedback, including the Register of Interested Tenants and Moray Tenant’s Forum. Page 44
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5.2 The online consultation was open to any person to participate and provide feedback. As part of the consultation process more than 4000 emails and 3300 letters were issued to stakeholders (tenants and property owners who share responsibility for a building with the Council). They were: • invited to answer generic questions on the revised policy; and • given the opportunity to provide any further general comments for consideration. Additionally, more than 4200 reminder emails were issued to stakeholders in advance of the consultation end date to request their input. 5.3 A total of 90 stakeholders completed the consultation survey. The relatively low response rate to the consultation is likely linked to the specialist and technical nature of the Common Repairs Policy. Unlike broader housing topics that affect all tenants and owners, common repairs apply only to those living in mixed-tenure properties, and even within that group, many residents may not regularly engage with common repairs or the underlying legislation. 5.4 Of the surveys completed, 69 (76.67%) stated that they were tenants/tenant representatives and 21 (23.33%) stated they were owner occupiers. 34 (37.7%) of respondents stated that they live in a block of flats where both owners and the Council shares responsibility for repairs and maintenance. An overview of the survey feedback returned is set out below. Yes (%) No (%) Responses received* Do you live in a block of flats where both owners and the Council shares responsibility for repairs and maintenance? 34 56 90 Do you support the Common Repairs Policy? 79 (87.77%) 11 (12.23%) 90 Did you find the revised Common Repairs Policy easy to read and understand? 81 (90%) 9 (10%) 90 Is there a section of the revised Common Repairs Policy that you think should be reworded? 4 (4.49%) 85 (95.51%) 89 Is there anything missing from the revised Common Repairs Policy that you think should be included? 11 (12.22%) 79 (87.78%) 90 Is there anything in the revised Common Repairs Policy that you think should be removed? 3 (3.33%) 87 (96.67%) 90 *Variance due to a consultee skipping a question. 5.5 The consultation generated a wide range of feedback which centred on several key themes relating to understanding, responsibilities, fairness, communication and confidence in service delivery. An overview of the comments received, is available at APPENDIX I. The comments returned have been amended to correct grammatical and typing errors. Any comments relating to personal circumstances have been removed. Page 45
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5.6 Most respondents supported the draft policy and found it easy to read and understand. There were a small number who responded that there should be some rewording or that something had been missed. In summary, the comments returned related to: • detail, which is not directly relevant to the Common Repairs Policy. However, the information is included either in other Housing Service policies or supporting procedures and information resources. • individual circumstances which are outwith the remit of the policy review. Where relevant, these have been referred on to the relevant team to action. • detail which is a legal requirement and is already detailed in the policy. • understanding of the policy with some respondents stating it was difficult to understand, particularly for those who may be unfamiliar with technical or legal terminology. A plain language, easy to read version of the policy is available. The Housing Service will expand on plain language resources and develop additional information to explain the policy and processes. 5.7 Following analysis and consideration of the consultation feedback, there have been no changes made to the draft policy. Where appropriate, the feedback will be used to inform the development of the operational procedures and supporting information resources which will assist to strengthen communication and improve public understanding of the policy. 5.8 The revised Common Repairs Policy is provided at APPENDIX II for this Committee’s approval. The policy: • complies with legislative and good practice requirements; • clarifies and explains the rights and responsibilities of the council and homeowners in mixed-tenure properties; • provides clear information to tenants and owners on how the Council will manage and charge for common repairs in mixed-tenure properties; • sets out the assistance available to owners to attain their agreement to complete and pay their share of the common repair; and • includes provisions to mitigate against financial risk, through robust debt monitoring and where appropriate the use of Notice of Potential Liability for Costs. 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, publicising any changes via the Council’s social media platform and on the Council website, review of the supporting operational procedures, staff training and awareness of the revisions and updating public information resources. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ Page 46
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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 ✓ 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 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. 6.4 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 Page 47
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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. 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 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. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation There are no implications arising directly from this report. 6.8 Property There are no property implications arising directly 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 Integrated Impact Assessment (IIA) attached at APPENDIX III has been revised to include the consultation outcome which has informed the final policy development. No new impacts have been identified because of the consultation feedback. The IIA determines that the mitigations are realistic and reasonable in terms of the policy revisions and will address any potential inequality and / or disadvantage. Page 48
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6.11 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. 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), the Service Manager Housing Strategy, the Service Manager Property Estates and Assets, the Housing Asset Manager, 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 Housing and Community Safety Committee – 18 November 2025 – Common Repairs Policy Review Page 49
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APPENDIX I Common Repairs Policy Consultation Feedback The profile of stakeholders who completed the survey is as follows: Are you: Number % • An owner 21 23.33 • A tenant 68 75.56 • A tenant representative 1 1.11 Total responses 90 100% Do you live in a block of flats where both owners and the Council share responsibility for repairs and maintenance? Number % Yes No Yes No • An owner 19 2 90.48 9.52 • A tenant 15 53 22.06 77.94 • A tenant representative 0 1 0 100 Total by response 34 56 37.77 62.23 Total responses 90 100 Do you support the revised Common Repairs Policy? Number % Yes No Yes No • An owner 19 2 90.48 9.52 • A tenant 60 8 88.24 11.76 • A tenant representative 0 1 0 100 Total by response 79 11 87.77 12.23 Total responses 90 100 Did you find the revised Common Repairs Policy easy to read and understand? Number % Yes No Yes No • An owner 19 2 90.48 9.52 • A tenant 61 7 89.71 10.29 • A tenant representative 1 0 100 0 Total by response 81 9 90.00 10.00 Total responses 90 100 Is there a section of the revised Common Repairs Policy that you think should be reworded? Number % Yes No Yes No • An owner 1 20 4.76 95.24 • A tenant 3 64 4.48 95.52 • A tenant representative 0 1 0 100 Total by response 4 85 4.45 94.44 Total responses 89* 100 *Variance due to a consultee skipping a question. Page 50
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Please tell us what you would like reworded. Comments received Housing Service Response/Action The part where we can do the repairs ourselves small things like painting the communal hall. No change to the policy needed. The Council must comply with the legal framework for common repairs. Painting is included within the rules of the Tenement Management Scheme and is considered as maintenance. Tenements (Scotland) Act 2004 Schedule 1 Rule 1.5 Where property title deeds are silent or inconclusive, owners and the Council must comply with the rules, which includes decision making. This means that before painting can commence, the majority of owners must agree to the work. Although we appreciate that some residents may be willing to carry out some small tasks themselves, we hope that this explanation clarifies why formal agreement is needed. The council haven’t done any repair work to these flats in years. It’s unfair as there are 2 flats above my 2-bed flat. In 25 years, the only thing I’ve seen them change is doors and kitchens, no harling or roof repairs. No change to the policy needed. The policy review cannot comment on individual cases. There have been instances where an owner’s refusal to agree to the common repair works or pay their share of the costs, has delayed or prevented repair and maintenance works. Unless emergency work, we would require majority agreement of all involved before the work can proceed. The revised policy aims to provide clarity on roles and responsibilities. We hope that the emphasis on early engagement, financial planning and enforcement provisions will support better cooperation by owners and help to ensure that the common repairs can be completed timeously. Reword it for easier understanding to the general public. As sometimes it's a No change to the policy needed. Page 51
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Is there anything missing from the revised Common Repairs Policy that you think should be included? Number % Yes No Yes No • An owner 1 20 4.76 95.24 • A tenant 10 58 14.70 85.30 • A tenant representative 0 1 0 100 Total by response 11 79 12.22 87.78 Total responses 90 100 Please tell us what you would like reworded. Comments received Housing Service Response/Action difficult read, and it’s hard to understand the words used if they are uncommon. In relation the whole thing needs a bit of work. We recognise that the common repairs process can be complex. The policy aims to explain the process as clearly as possible, outlining the correct legal process and explaining the key terminology used. To make the information accessible, the policy is supported by an easy-to-read version. We will also develop a leaflet and webpage that using plain language to help make the information easier to understand. Tenants / owners can also contact the Housing Service if they have any questions or need further clarification. Please tell us what you think should be included. Comments received Housing Service Response/Action For example, insulation, I know that are blocks of flats have no / or little left. I am a ground floor flat and have already been told that if I was to get new insulation upstairs (owner) would have to agree to pay for theirs, I have mentioned it to my neighbour and already know they would be happy to pay. No change to the policy needed. This is outwith the scope of the policy review and the policy review cannot comment on individual cases. As part of its housing investment programme, the Council undertakes energy efficiency improvement works, including the installation of insulation. Where multi-tenure ownership exists, this would be progressed as common repairs and the process set out in the policy would apply. The policy also explains that any responsible owner can propose and initiate works accordance with their title deeds and the Tenement (Scotland) Act 2004. Page 52
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Please tell us what you think should be included. Comments received Housing Service Response/Action We appreciate the importance of energy-efficiency improvements and hope this clarification helps explain how such work is managed. I have had a number of common repairs done but never been charged so I don't fully understand terminology. No change to the policy needed. The policy review cannot comment on individual cases. The terminology is explained in APPENDIX I of the policy and in the easy- to-read version. The Housing Service will aim to ensure that staff explain any terminology when in contact with owners/tenants so that the process is easier to follow. A rough guide of prices for repairs council tenants have to pay for if it was accidental/deliberate damage. No change to the policy needed. This is outwith the scope of the policy review. The Rechargeable Repairs Policy details the process where a repair is the responsibility of a tenant due to accidental or deliberate damage. Charges for rechargeable repairs are based on current repair costs, including materials and labour from the agreed Moray Council Schedule of Rates which is reviewed annually. We appreciate the importance of energy-efficiency improvements and hope this clarification helps explain how such work is managed. Tenants are advised of the cost of rechargeable repairs when the work is undertaken. We understand that having clearer cost expectations can be helpful, and we will explore opportunities to provide simpler information where appropriate. If you are a council tenant your rights will be undermined and your council tax will be lowered. No change to the policy needed. This is not factually correct and is outwith the scope of the policy review. We would like to reassure tenants that their rights are protected under housing legislation and are not affected by the Common Repairs Policy. Page 53
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Please tell us what you think should be included. Comments received Housing Service Response/Action Priority for disabled tenants such as a similar approach to PSR. No change to the policy needed. It is important to distinguish between general common repairs and adaptations to common parts for disability needs: • Common repairs: are for the general maintenance of shared areas like the roof, stairs, or drains. • Adaptations for disability are specific alterations to a home or common parts to meet the needs of a disabled person (e.g. installing a ramp or stairlift). Disabled homeowners or tenants have a right to adapt common parts with the consent of the majority of owners, which cannot be unreasonably refused (please refer to the Scottish Government’s How to Guide – Adapting Common Parts). This is a separate process from the Common Repairs Policy. We understand that accessibility is important, and we hope this explanation clarifies how adaptations are progressed. Why does it not state to Moray Council tenants how long the council have got to fix or replace any work that needs done before the tenant has to right to get the work done at the council’s expense? No change to the policy needed. This would not be detailed in the Common Repairs Policy. This is detailed in the Response Repairs Policy and Right to Repair Procedure which comply with the Housing (Scotland) Act 2001 and the Scottish Secure Tenants (Right to Repair) Regulations 2002. We recognise that timescales are important for tenants, and the separate Response Repairs Policy provides clear guidance on this. Let people know they have to have contents insurance for when you come in our home to complete work and destroy our belongings because if anything gets destroyed nobody takes responsibility for it. No change to the policy needed. This is outwith the scope of the policy review. Owners and tenants are responsible for ensuring that they have contents insurance. Depending on the circumstances, they should claim on their own household insurance. If they don’t have insurance or have any Page 54
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Is there anything that you think should be removed from the revised Common Repairs Policy? Number % Yes No Yes No • An owner 1 20 4.76 95.24 • A tenant 2 66 2.94 97.06 • A tenant representative 0 1 0 100 Total by response 3 87 3.33 96.67 Total responses 90 100 Please tell us what you think should be included. Comments received Housing Service Response/Action difficulties, they should contact the Housing Service. We will consider including a reminder about contents insurance in future information resources to help raise awareness. Renew toilet seats and tube lights for the kitchen. No change to the policy needed. This is outwith the scope of the policy review. Quicker repair times, been waiting since October for a gate divider, between mine and neighbour back garden!!!! No change to the policy needed. This is outwith the scope of the policy review. The respondent should contact the Service directly and provide contact details so that the matter can be investigated. We appreciate how frustrating delays can be and encourage reporting such issues so they can be addressed as quickly as possible. Please tell us what you think should be removed. Comments received Housing Service Response/Action It is unfair to charge owners of ground flats for roofs that aren’t theirs, ground flat owners have no loft or roof. No change to the policy needed. While acknowledge the respondent’s views of unfairness, this requirement is not set by Moray Council. The Council will comply with relevant legislation. Unless the liability is stated in the title deeds for the properties, the Tenement (Scotland) Act 2004 (which sets out the Tenement Management Scheme) will apply. This set of rules states which part of the building every owner is liable to Page 55
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Do you have any other comments on the revised Common Repairs Policy? Number % Yes No Yes No • An owner 7 14 33.33 66.67 • A tenant 21 47 30.89 69.11 • A tenant representative 0 1 0 100 Total by response 29 61 32.22 67.78 Total responses 90 100 maintain, called “scheme property” and those parts which only some owners must maintain. Scheme property includes the roof, rafters and any structure supporting the roof. Liability for scheme costs are generally shared in proportion to the floor area of each flat unless the title deeds specify other arrangements. We understand that this can feel unfair for ground-floor owners, and we hope this explanation helps clarify how responsibilities are legally determined. Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action My concern would be that many owners and tenants, particularly owners are likely to be unaware of the policy - it needs to be promoted in some way, perhaps simply through social media or when people become owners of a relevant property. No change to the policy needed. The policy will be promoted e.g. website updates, leaflets and where the Council wants to undertake work in relation to common repairs, targeted and early engagement with owners will be undertaken. Unfortunately, the Council cannot notify incoming owners of this requirement at the point of purchase. However, owners should be made aware of the requirements set out in their title deeds and the Tenement Management Scheme when they purchase a property. We appreciate the importance of clear communication and will continue to promote the policy in accessible ways. I am the only council tenant in my building and one time me and my neighbour decided to repaint the No change to the policy needed. Page 56
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action communal hall white as it was the colour that was there. When we started the gentleman who comes round to keep eye on the area said to stop that the council will be doing it soon 3 months later still not done so we painted the top part as we are on the first floor that was a few years ago and it still not been done by the council and I will be freshing it up in the summer time of 26 again. It would be good if I could get the white paint from the council instead of me having to pay for it. This issue has been forwarded on to relevant team to consider. Painting is included with the rules of the Tenement Management Scheme and is considered to be maintenance (Tenements (Scotland) Act 2004 Schedule 1 Rule 1.5). Owners and the Council must comply with the rules, which will include decision making, before the painting can begin. We recognise the frustration caused by delays and hope the team’s review will help address this situation. Looks ok. The points well explained Noted. Thank you for your feedback. It’s council house, all repairs should be paid by council. There is no right to buy house, it’s enough that we waste money by paying rent. No change to the policy needed. The policy details the process the Council must legally follow where common repair works are need to buildings where we share ownership with other owners. Repairs to council tenant homes are paid for by the Housing Service unless they are rechargeable repairs (where a tenant is liable and recharged for the cost of the repair). For common repairs, the Housing Service will pay for its share (properties which tenants live in, while owners are legally responsible for their share. We appreciate the concern raised and hope this explanation clarifies how responsibilities are divided. Please attend all repairs with the prior knowledge of what needs repairing. As clients shouldn't have to tell people over and over again what needs fixed. Noted. No change to the policy needed. This is outwith the scope of the policy review. As set out in the policy, unless an emergency repair, the Council can only proceed with repairs which have been agreed in advance with the majority of owners, which may not include the additional repairs referred to. Page 57
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action We understand how repeating information can be frustrating and will ensure the comment is shared with relevant teams. I am forever thankful for the readiness and efficiency which the common repairs have brought for my comfort in living well. Noted. Thank you for your positive feedback. What happens if my property is damaged by the upstairs flat being flooded. I own my flat and have at least on 2 occasions had to cover the costs to my home being repaired after the council property was flooded. No change to the policy needed. The policy review cannot comment on individual cases. Owners should claim on their own household insurance policy. If they don’t have insurance or have any difficulties, they should contact the Housing Service. We understand that such situations can be stressful, and we encourage owners to get in touch for support where needed. If no upgraded work is to be done the council tenant rent and council tax will be lowered No change to the policy needed. Outwith scope of the policy review. Rent and any discount that a tenant may be eligible for in relation to the attributes of a property is addressed by the Rent Setting Policy. Council Tax is determined separately. We hope this helps clarify how rent and council tax decisions are made. I hope that the council tenants don't just ask for anything that may not really be necessary needed as they won't be paying and does the flat entrance roofs come under everyone in the block. No change to the policy needed. When a tenant reports a repair, an assessment will be undertaken to ensure that the work is necessary. Costs for tenant-caused damage are recharged to the tenant. Unless the liability is stated in the title deeds for the properties, the Tenement (Scotland) Act 2004 which sets out the Tenement Management Scheme will apply. This set of rules states which part of the building every owner is liable to maintain, called “scheme property” and those parts which only some owners must maintain. Page 58
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action Scheme property includes the roof, rafters and any structure supporting the roof. Unless the title deeds state otherwise, liability for scheme costs is generally shared in proportion to the floor area of each flat. We appreciate the concerns and hope this explanation reassures owners that unnecessary costs will not be passed on to them. It may be there and I didn't spot it, but as a landlord a contact number / email within the doc would be useful if clarification is needed, or if I need to progress a repair to the roof etc. No change to the policy needed. Contact details are not included in policy documents. However, they will be included in direct correspondence and any supporting information such as the website / leaflets etc. We understand the desire for quick access to contact information and will ensure it is easily available through supporting resources. I agree that everyone should pay their share for common shared areas, but if for example you have a block of 4 flats with three council owned, and one bought outwrite, the three council owned tenants are not worried about keeping things to an acceptable standard, (say if they are getting rent free accommodation), they know the council will pick up the bill). So, I don't think it’s fair to ask a bought flat owner to pay for something that they have no control over. No change to the policy needed. Tenants have a responsibility for keeping the property to agreed acceptable standards. This is set out in the Scottish Secure Tenancy agreement and is explained at the start and during each tenancy. If it is determined that a repair is needed due to tenant neglect or damage, the tenant may be recharged for the cost. Such costs are not passed on to others. Owners have a responsibility to maintain their property. If you own a flat, you are usual responsible for repairing and maintaining the shared areas. this is normally set out in your title deeds. If your title deeds do not say or are not clear, the Tenement Management Scheme will apply. We appreciate the perspective shared and hope this provides reassurance about how responsibility is determined. Page 59
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action Repairs need to be done quickly, not months after being reported so that the item requiring repair does not become worse and therefore likely to cost more to fix. “A stitch in time saves nine” comes to mind. No change to the policy needed. Generally, repairs reported will be assessed to identify if they are an emergency. Thereafter we must follow the correct process, complying with title deeds and the Tenement Management Scheme to request the agreement of other owners involved. The Scheme sets out timescales which might be adhered to. This can result in a delay in completing works. If 50% or more of owners don’t agree with the proposed works, then we will not be able to complete the work. Some work may be progressed as planned maintenance or improvement work driven by the Housing Investment Programme and will be subject to different timescales. We understand the frustration caused by delays and aim to progress works as efficiently as the legal framework allows. Like I said been in the flat around 25 years and can count the number of repairs that have been done to the flats. They have a temp flat just a few doors up from this that they repair after the tenant’s damage the flat before new ones come in. I don’t understand why things have changed, we have a shared drain, if the neighbours block it, is it our fault? Our flat - there is 2 separate flats above it as we are single storey, and they are double on top. No change to the policy needed. The policy review cannot comment on individual situations. When a tenancy ends, a property inspection is completed to assess the property condition and identify any repair works need to ensure that it meets the agreed minimum standards before it is relet. If the repair is the tenant’s responsibility or deliberate damage is identified, the tenant may be recharged in line with the Rechargeable Repairs Policy. The responsibility for the repair of shared block drains will depend on who the drain serves, where it is located and what the title deeds stipulate or if they are silent, the Tenement Management Scheme will apply. Page 60
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action We appreciate the concerns raised and hope this clarification helps explain how decisions are made. Council not interested in fixing or making houses more efficient No change to the policy needed. The Housing Service is committed to ensuring that housing meets acceptable standards, including energy efficiency. Common repairs support the delivery of the Housing Investment Programme and help to meet EESSH standards, thereby reducing energy ratings and carbon emissions in both council and owner occupier properties. We understand the importance of energy efficiency and remain committed to continued improvement. I live in a 3-bedroom council owned bungalow; I don’t live in a block of flats No change to the policy needed. Noted. All council tenants were invited to participate in the consultation, as common repairs are funded through the Housing Revenue Account. Thank you for taking the time to participate. This is all sounds good on paper the big question is will it be implemented or is it just trying to look good. No change to the policy needed. Common repairs support the Housing Service to deliver the Housing Investment Programme and contribute to meeting EESSH standards which are monitored and reported by the Scottish Housing Regulator. It 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.” We understand the concern and hope this explanation provides reassurance about the policy’s purpose and oversight. Page 61
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Do you have any other comments on the revised Common Repairs Policy? Comments received Housing Service Response/Action No everything seemed to be just fine. Noted. Thank you for your feedback. Page 62
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APPENDIX II 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 Housing and Community Safety Committee 18.11.25 1.1 21.01.26 Housing Policy Final draft Housing and Community Safety Committee TBC 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 63
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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 64
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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. Page 65
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Repairs, maintenance and improvements 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. Page 66
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7. Common repairs 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. Page 67
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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 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 Page 68
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• any load bearing wall, beam or column. Parts that only some owners maintain: 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 Page 69
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to the Council standard. • write and advise each owner of the contractor chosen prior to work 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 Page 70
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appeals submitted within the 28-day period, then the work will proceed, 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 71
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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 72
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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. If 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. 12.5 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. 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 73
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13. Repairs 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. 14.5 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. 14.6 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 Page 74
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approach to property maintenance, aims to minimise future repair costs for both 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 75
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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 76
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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 77
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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 78
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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) 29/08/2025 1st Draft IIA submitted to Housing and Community Safety Committee on 18/11/25 21/1/2026 Second Draft IIA to be submitted to Housing and Community Safety Committee on 12 March 2026. 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. Page 79
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If you have answered “no” to the Stage 1 questions above, then provide the details below and submit to [email] Lead Officer for developing the contract Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) Date STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: The revised draft Common Repairs Policy complies with relevant legislation and regulatory requirements. It sets 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 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 aims 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. Page 80
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The policy will support improvements to Moray Council and 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 – 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 Page 81
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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. 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. Page 82
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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 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 Consultation with affected groups A consultation was undertaken between 19 November 2025 and 21 January 2026. This included: • 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 was promoted across social media platforms; and • contacting relevant stakeholders for feedback (email issued to tenants with an up-to-date email address and letter / email issued to property owners with whom the Council shares ownership and responsibility for common repairs), including Register of Interested Tenants and Moray Tenant’s Forum. Consultation summary: • 79 respondents (87.77%) support the draft policy. • 81 respondents (90%) find it easy to read and understand. • respondents (4.45%) thought there should be some re-wording. • 11 respondents (12.22%) thought something was missed and should be included. • respondents (3.33%) thought that something should be removed from the policy. Page 83
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Following consideration of the feedback received, there have been no changes made to the Common Repairs Policy. The comments received will, where relevant, be used to inform the development of operational procedures and information resources that support the policy. 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 has been considered and no further information is needed. 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 formats and using plain language. For example, website updates, leaflets/FAQs and signposting to reliable sources of guidance and good practice. • Non-digital formats will be considered when communicating with owners/tenants. For example, issuing of notices and letters, with contact details provided. • Where appropriate translation and interpretation services will be available, in line with Moray Council policy. • 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? Page 84
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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 12 March 2026. Date of Decision: Sign off and authorisation: Service Housing, Property and Communities Service Department Housing Policy/activity subject to IIA Common Repairs Policy We have completed the integrated impact assessment for this policy/activity. Name: Gillian Henly Position: Senior Housing Officer (Policy) Date: Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property and Communities Date: Permission to publish on website - Page 85
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1 Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 Report by: Executive Director Education, Housing and Communities Author: Emma Armit Contact Email: Housingpolicy@moray.gov.uk Subject: Domestic Abuse Policy – Consultation Results 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the Housing Service’s draft Domestic Abuse Policy consultation results and approve the final policy for implementation. 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 a summary of the recent Domestic Abuse Policy consultation results, explains the rationale for amendments made as a result of the consultation feedback and presents the final Domestic Abuse Policy for approval and implementation. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) notes the recent consultation feedback results at Section 5 and APPENDIX I; and ii) approves the final revised Domestic Abuse Policy for implementation at APPENDIX II. Item 10. Page 87
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2 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 focusing on reducing harm and safeguarding our Community. In partnership with Police Scotland and Violence Against Women and Girls Partnership (VAWGP) this involved reducing incidents of domestic abuse, involvement of substance misuse in incidents of violence and domestic abuse and rates of domestic abuse where children are present. 4.2 On 13 February 2024, this Committee approved the revised Allocations Policy (Paragraph 8 of the Minute refers) to introduce domestic abuse points for applicants who experience domestic abuse and urgently need rehousing, strengthening 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 The Housing (Scotland) Act 2025 requires social landlords to develop and implement a domestic abuse policy, setting out a support framework for tenants at risk of losing, or having to change their home due to domestic abuse, without resorting to homelessness. Although there is no commencement date, the Council understand the importance of committing to a domestic abuse policy and having regard for it when exercising Council functions. 4.4 The Scottish Government has committed to a national ‘Fund to Leave’ as part of the Housing Emergency Action Plan. The fund aims to help victims cover the costs of moving to a new home, new clothes, transport and all the other essential costs that victims absorb when rehousing. This expansion from earlier pilot schemes shows the Scottish Government’s intent to embed this support into its housing / emergency support framework. Full details on rollout, eligibility, and application mechanisms are due to be released through 2026. 4.5 On 18 November 2025, this Committee approved the draft Housing Domestic Abuse Policy for a public and stakeholder consultation period to inform the final policy development (para 13 of the Minute refers). 5. CONSULTATION ANALYSIS AND FEEDBACK 5.1 An eight-week consultation took place between 19 November 2025 and 14 January 2026. The consultation asked about how communication could be improved, what the Council could do differently to support survivors, what the main barriers are and what type of housing options and / or support is most important. The consultation included: • An online survey, accessed via the Housing Hub section of Moray Engage; • Publication of the draft Housing Domestic Abuse Policy along with an easy read version Page 88
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3 of the policy; • Targeted distribution to all tenants / joint tenants and housing list applicants via email or letter depending on their preferred method of contact; • Promotion via the Council’s website, news and social media platforms; and • Requests for stakeholder feedback including: o Violence Against Women and Girls Partners (including Moray Women’s Aid, Moray Rape Crisis, Health and Social Care Moray, Education and Police Scotland), o Community Safety Partners, o Registered Social Landlords who operate in Moray, o Moray Tenant’s Forum and Register of Interested Tenants. 5.2 9690 Council tenants, joint tenants and housing list applicants 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; and • asked if they needed additional support with their tenancy and / or rent. 5.3 A total of 139 responses were received. This equates to a low response rate of (1.4%) given the overall context of the sample size, despite reminders being issued directly via text and /or email, as well as across both Council and Housing’s social media platforms. Officers believe the relatively low response rate reflects the specialist nature of the policy. While domestic abuse is a serious and important issue, it is one that primarily affects a specific proportion of service users and certain partner organisations, therefore responses are largely received from individuals and organisations with direct experience of, or professional involvement in, this area. 5.4 Of the 139 responses received: • 135 (97%) were from individuals broken down to: o Moray Council tenant – 87 (64%) o Moray Council tenant representative – 1 (1%) o Housing Association tenant – 17 (13%) o Member of public in private rented / owned property – 29 (22%) • 4 (3%) were from organisations (Moray Council Housing Service, Health or Social Care, Education, Other- Gypsy Traveller Community). 5.5 Of particular significance is that the majority of responses (74%) were submitted by those with direct lived experience of domestic abuse. Survivors accounted for 66% (90) of all responses, with a further 8% (11) provided by family members or friends supporting someone experiencing domestic abuse. The feedback is grounded in real, local experiences, providing authentic insight into the realities of abuse and reinforces the effectiveness of current service provision while strengthening the feedback relevance and credibility in terms of conclusions drawn. 5.6 On the whole, the draft policy was well received and welcomed with approximately 60% of respondents feeling the draft policy recognises trauma, prioritises safety, choice and Page 89
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4 dignity and considers survivors needs, affirming that good work is already taking place locally in relation to domestic abuse. 5.7 Due to the sensitive nature of domestic abuse, the feedback has been anonymised to remove any identifying information or personal circumstances. A high-level summary of the responses, collated into overarching key themes, is provided in APPENDIX I. 5.8 126 (91%) of respondents supported the draft policy, finding it easy to read and understand. Of the remaining respondents: • 18 (15%) thought something was missed and should be included. Analysis of these comments identified that either the suggestion made is already included in the draft policy or is more relevant and beneficial to inform the development of the supporting operational procedures and staff training. • 10 (8%) thought there should be some re-wording which has been considered and actioned with minor revisions for clarity. • 6 (5%) answered to say something should be removed but comments related to practice(s) that could be considered for removal. 5.9 The top priorities respondents identified in terms of housing options and support were: • ‘Transfer to a different, safe Council property’ 75% (104), ‘Temporary emergency accommodation’ (67%) 93, and ‘Support to maintain a tenancy safely’. • This was closely followed by ‘Respite accommodation in MWA’ 64% (89) and ‘Safety measures in current home’ 64% (89). • Others included advice on joint tenancies and tenancy rights and access to independent advocacy. 5.10 The following overall summary of the consultation feedback highlights the main themes and practical implications that have been identified: • Language / inclusivity – Consider language, expand emphasis on perpetrator accountability, explicitly reference all groups. • Communication / joint working - Named case workers, proactive updates, safe and accessible contact, reduce repetition, clearer guidance. APPENDIX I (Q.10) provides a summary. • Staff training - Mandatory trauma-informed, inclusive training to ensure service users are listened to, believed, and respond to all forms of abuse. • Housing / safety - Prioritise safe, flexible housing. Implement physical security measures. Consider pets, family and survivor circumstances. • Support services - Holistic, survivor-led support with counselling, advocacy, and practical guidance that continues once re-housed. APPENDIX I (Q.11) provides a summary. • Policy implementation - Clear procedures, timely action, strong inter-agency coordination, recognition of systemic barriers. A summary of perceived current barriers by service users have been identified and is available at APPENDIX I (Q.12) but includes lack of available housing, waiting times, safety / risk concerns, issues with staff, systems, bureaucracy and evidence requirements, support limitations, financial / personal / practical constraints. Page 90
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5 5.11 Although only 54% of respondents felt the Council deals effectively with the abuse, this opinion is reflective of the legal and justice system as a whole. The Policy commits to taking action within the legal provisions available to it as a social landlord. 5.12 Following analysis and consideration of the feedback at APPENDIX I, there has been no material change to the scope, commitments, objectives or substance of the policy. Some minor revisions to the policy are: • Marginal revisions to wording / terminology • Revision to Section 5 - Legal Provisions updated with new information on legislation enactment and royal assent where the provisions strengthen a landlord’s statutory powers in relation to removing perpetrators from the home. The minor revisions to the Policy are highlighted in italics at APPENDIX II . 5.13 Despite no major changes, the feedback from service users with lived experience has provided valuable insight into the practical challenges and needs faced when accessing Housing and related services. This evidence will be used to inform and refine supporting operational procedures, to ensure they are responsive, trauma-informed and grounded in real experience. By embedding these insights into daily practice, the Housing service and VAWG partners will be better equipped to deliver consistent, effective and compassionate support to those affected by domestic abuse. 5.14 POLICY IMPLEMENTATION A Domestic Abuse Review Group has been established, comprising officers and managers from the Housing Service to oversee the implementation of the revised policy. The group will meet periodically throughout 2026 to: • review operational procedures that support the Housing Domestic Abuse Policy in practice to ensure: o improved practice(s) on first approach including consistency, continuity and robust recording; o quicker responses; o more considered allocations around areas and lets based on circumstances; o use of legal provisions with progression to enforcement and legal action where appropriate; o those who need support are identified and supported. • develop a training programme, incorporating periodic refresher training for staff across the Housing Service; • develop a network of domestic abuse champions in teams across the Housing Service; • review all domestic abuse information, webpages and communications to tenants to enable clear understanding of the process, what support that is available and signposting information. 5.15 Subject to this Committee’s approval, officers will work towards 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 / Page 91
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6 or testing to the NEC housing system to facilitate the implementation, staff training and awareness of the revisions. 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. ☐ 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, APPENDIX A of the policy at APPENDIX II. 6.4 Financial Page 92
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7 Commitment to staff training and security measures will incur some financial costs which will be absorbed into existing budgets. 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 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 was developed as part of the initial draft policy development. The IIA has been further revised following the consultation period to reflect the feedback received and is attached at APPENDIX III. The potential negative impacts identified can be mitigated. 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, the Service Manager Housing Operations, the Service Manager Housing Need, G. Anderson, Legal Services Senior Solicitor, the, the Equal Opportunities Officer Page 93
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8 and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Housing and Community Safety Committee – 18 November 2025 – Draft Housing Domestic Abuse Policy Consultation feedback held by author. Page 94
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9 Housing Domestic Abuse Policy Feedback APPENDIX I Q1-4. Individual responses TOTAL 135 97% MC tenant 87 65% MC tenant rep 1 1% HA tenant 17 13% Member of public in private rented or owned property 29 22% Organisation responses TOTAL 4 3% Moray Council Housing Service Staff 1 25% Housing Association / Registered Social Landlord (RSL) Domestic Abuse or Specialist Support Service Staff Police / Community Safety / Safeguarding Partner Health or Social Care Professional 1 25% Education 1 25% Other – Gypsy and Traveller Community 1 25% Q5. Individual respondents above are: Victim/survivor of domestic abuse - please note this is purely optional and confidential. 90 66% Family member / friend supporting someone through domestic abuse 11 8% Prefer not to say 34 25% Yes % No % Q.6 Do you support the draft Housing Domestic Abuse Policy? 126 (91%) 12 (9%) Q.7 Did you find the draft Housing Domestic Abuse Policy easy to read and understand? 126 (91%) 12 (9%) Yes % No % Q8 Is there a section of the draft Housing Domestic Abuse Policy that you think should be reworded? 10 (8%) 122 (92%) Q.9 If yes, please tell us what you would like reworded. Comments received summarised into key themes: Housing Service Response/Action Policy – a concern that Moray Council doesn't follow own policy nor act on repeated reports of abuse by neighbour (different policy area) No policy change required but information used to inform supporting operational procedure and staff training. Lived experience feedback - prolonged homelessness, unmet support needs, need for dignity and integrity for survivors of both physical and emotional abuse. Policy commits to addressing these concerns. No policy change required but information used to inform supporting operational procedure and staff training. Inclusion - Emphasis that domestic abuse affects all people (genders/ages/communities – including gypsy travellers but this is different policy area) Policy commits to supporting those from all protected groups under the Equalities Act 2010. No policy change. Terminology- Word victim can trigger Recognised legal terminology that acknowledges harm and accountability Page 95
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10 Q.10 How can the council and housing providers improve communication and/or joint working sensitivity when dealing with domestic abuse? providing clarity for risk assessing, safeguarding and protection. After careful consideration and only 1 respondent raising this, no change has been made to the policy. Perpetrator Focus – too brief and lacking emphasis. The policy has been revised to include new legal provisions. These will inform operational procedures and legal remedies available to staff. Minor drafting issue - Spelling mistake Corrected Comments received summarised into key themes: Housing Service Response/Action Positive feedback received - Some respondents reported good work already being done in their cases with good practices are evident such as empathy, lock changes with sensitive support given. Noted and fed-back to operational staff. No policy change required. Clear information and transparency - Better explanation of Housing Options, processes, timescales and waiting lists. No policy change required but information used to inform supporting operational procedure and staff training. Reduce need to re-tell what happened - Better joint working and shared case information so survivors do not have to repeatedly retell their story. Policy commits to this in S.7. No policy change required but information used to inform supporting operational procedure and staff training. Improved contact: • A consistent point of contact - Allocate a named case worker for continuity and trust. • Accessibility of contact - Improve responsiveness to calls/emails, offer safer contact methods (e.g. text/email) and out-of- hours support. • Confidentiality and safety - Ensuring discreet contact, private interview spaces, and safe engagement when abusers may be present. No policy change required but information used to inform supporting operational procedure and staff training: • Keeping survivors informed, regular check-ins, ongoing support. • Proactively contact those disclosing abuse, including via housing applications. • Clear information on options, timescales and available support. Timely action - Faster responses, quicker rehousing, lock changes, and practical safety measures. Policy commits to this at Executive Summary, S.14 and 16. No policy change required but information used to inform supporting operational procedure and staff training: • Rehousing considerations as a priority – areas, sensitive lets, etc. • Flexibility in housing options. • Provide or support physical safety measures for safe/ secure housing. Staff training: Policy commits to this at S.15. No policy change required but information used to Page 96
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11 Q.11 What could the Council do differently to make survivors feel believed, supported, and safe? • Listen, believe, and respond - Survivors want to be taken seriously, believed, and not ignored or judged. • Trauma-informed communication and understanding - Use sensitive, non- judgemental language, recognising all forms of abuse, not just physical. • More specialist training on domestic abuse, mental health, and professionalism. inform supporting operational procedure and staff training: • Taking reports seriously • Mandatory, consistent training on all forms of domestic abuse (emotional, coercive, financial, psychological, as well as physical). • Trauma-informed practice, language. • Better understanding that risk can escalate quickly. Evidence not always available. Stronger partnership working - Improved coordination between Housing, Police, Women’s Aid, health, and other agencies. Policy commits to this at S.8. No policy change required but information used to inform supporting operational procedure and staff training around clear, timely signposting and collaboration. Person-centred approach - Put survivors’ needs, circumstances, and support networks at the centre of decision-making. Policy commits to this at S.1 Scope and S.4 objectives. No policy change required but information used to inform supporting operational procedure and staff training around: • Asking survivors what they feel they need once immediate safety is addressed. • Consider individual circumstances: children, pets, support networks, transport. • Support even when survivors return to an abuser due to trauma bonding. Gender neutral language Policy commits to supporting anyone affected by abuse regardless of gender and equalities considerations at S.6. No policy change. Comments received summarised into key themes: Housing Service Response/Action Positive feedback - Some respondents reported compassionate, effective support and improvements in recent practice. Noted and fed-back to operational staff. No policy change required. Communication: • Proactive communication - Make contact, provide reassurance, regular updates and clear information on options and timescales. • Information • Continuity and trust - Offer a single point of contact and safe spaces to talk without repeatedly retelling experiences. No policy change required but information used to inform supporting operational procedure and staff training. Support: Page 97
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12 Q. 12 What are the main barriers when trying to access safe housing? • Access to emotional support - One-to-one counselling and ongoing wellbeing support. • Person-centred support - Ask survivors what they need, consider their full circumstances, support networks, children, pets, and transport. Private counselling is out with scope of this review. Policy commits to support. No policy change required but information used to inform supporting operational procedure and staff training. Staff Training and professionalism: • Consistent, high-quality training on domestic abuse, trauma, and empathy, unacceptable behaviour (e.g. dismissive or inappropriate responses) highlighted. • Use trauma-informed, sensitive, non judgemental language and practice • recognise all forms of abuse, not just physical. • Listen and believe survivors - Take all disclosures seriously Policy commits to this at S.15. No policy change required but information used to inform supporting operational procedure and staff training. Focus on action: • Safe and secure housing - Provide accommodation that is physically secure and located away from abusers, antisocial behaviour, or known offenders. • Timely rehousing and action - Faster moves, early intervention, and not waiting for extreme evidence or escalation. • Safety measures - Practical security support such as lock changes, cameras, lighting, and neighbourhood safety. • Consistent, transparent decision-making Policy already commits to timely action and safety measures at S.10. The Council’s Allocations Policy covers sensitive lets/areas. No policy change required but information used to inform supporting operational procedure and staff training. Stronger partnership working - Stronger coordination with Women’s Aid, police, health, and support services with clear signposting. Policy commits to this at S.8. No policy change required but information used to inform supporting operational procedure and staff training around clear, timely signposting and collaboration. Comments received summarised into key themes: Housing Service Response/Action Lack of available housing / long waiting lists: • Insufficient properties, limited safe options, difficulty finding housing quickly. • Delays in allocation. • Placement issues / unsuitable housing • Being placed near unsafe tenants, drug users, or abusers • Poor property conditions • Lack of security measures / Insecure properties • Unsafe areas, The Council are continually working towards increasing their housing stock through Strategic Housing Investment Plan (SHIP), Housing Needs and Demand Assessment (HNDA) and Open Market Purchase Scheme where funding allows. Policy already commits to safety measures at S.10. The Council’s Allocations Policy covers sensitive lets/areas. No policy change required but information used to inform supporting operational procedure and staff training Page 98
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13 Q. 13 Do you think the Policy makes sure the Council’s Housing Service: Yes Recognises the impact of trauma and avoids causing further harm 81 Prioritises safety, choice and dignity 86 Puts the victims’/survivor’s needs and rights at the centre of all decisions 80 Deals effectively with the abuser 54 Yes % No % Q.14 Is there something we’ve missed from the draft Housing Domestic Abuse Policy that you think should be included? 18 (15%) 101 (85%) Safety concerns / risk from abuser: • Fear of being found, followed, threatened by abuser • Risk from neighbours or unsafe areas. • Housing near abuser Policy commits to safety measures at S.10 and areas/sensitive lets through application of the Allocations Policy. No policy change required but information used to inform supporting operational procedure and staff training. Staff and system issues: • Dismissive or untrained staff, • Complex processes • Difficulty proving abuse. • Staff attitudes and processes • Rude, dismissive, or unsupportive staff • Lack of trauma-informed practice • Poor inter-department communication. Bureaucratic and evidential barriers • Needing to provide proof of abuse (especially non-physical) • Complex applications • Delays in processing. Policy commits to staff training at S.15. No policy change required but information used to inform supporting operational procedure and staff training. Will be covered in procedural review and staff training. Support limitations: • Lack of support services for men • Limited guidance for navigating housing • Poor communication or follow-up • Emotional / trauma-related challenges • Stress of moving • Feeling unsafe • Trauma making decision-making harder. Financial and personal constraints: • Costs of deposit, rent, moving, lack of affordable housing • Impact on family and children • Moving away from schools, family, or support networks • Needing family-friendly accommodation. • Restrictions on pets which can prevent accepting housing. Policy commits to helping overcome financial barriers to enable re-housing at S.13. Personal considerations are dealt with through Allocations Policy. No policy change required but information used to inform supporting operational procedure and staff training. Other practical issues - Transport, privacy, and neighbourhood suitability. As above. Page 99
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14 Q.15 If yes, please tell us what you think should be included. Comments received summarised into key themes: Housing Service Response/Action Safety and security measures – Ensuring survivors are not housed near abusers, ability to use cameras, lock as, alarms, and other safety features. Policy commits to safety measures at S.10 and areas/sensitive lets through application of the Allocations Policy. No policy change required but information used to inform supporting operational procedure and staff training. Support for victims and abusers – Counselling, therapy, and emotional support for both parties Private counselling is out-with the scope of this review. The policy commits to support through Housing Support, MWA, AMIS and Victim Support. No policy change required but information used to inform supporting operational procedure and staff training. Staff training and sensitivity – Front-line staff need training to respond appropriately and empathetically Policy commits to this at S.15. No policy change required but information used to inform supporting operational procedure and staff training. Holistic and timely response – Clear procedures, prioritising victim needs, and timely action against abusers (e.g., evictions). Policy already commits to timely action and safety measures at S.10. No policy change required but information used to inform supporting operational procedure and staff training. Mental health support – Recognising and supporting mental health impacts of abuse. Policy commits to this at S.8. No policy change required but information used to inform supporting operational procedure and staff training. Recognition of vulnerable groups – Men, ethnic minorities (e.g., Gypsy/Traveller community), and other underserved groups. Policy commits to considering all groups protected by the Equalities Act 2010 at S.6. No policy change required but information used to inform supporting operational procedure and staff training. Privacy and personal space – Survivors having their own safe and private living environment Allocations Policy should address this. No policy change required but information used to inform supporting operational procedure and staff training. Pets and household considerations – Support for victims with animals when relocating or accessing housing. The Housing Service are currently considered its policy around pets in Council houses which will help inform and address this barrier. No policy change required but information used to inform supporting operational procedure and staff training. Awareness of non-physical abuse – Recognising emotional, psychological, and neighbour-to- neighbour abuse as valid. Policy commits to staff training at S.15. No policy change required but information used to inform supporting operational procedure and staff training. Page 100
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15 Q.16 What types of housing options and/or support are most helpful for people affected by domestic abuse? Other Acknowledging systemic barriers – Survivors feeling unsupported, ignored, or retraumatised by current council procedures. Policy commits to staff training at S.15. The policy has been developed to reduce all barriers. No policy change required but information used to inform supporting operational procedure and staff training. Temporary Moray Council emergency accommodation 93 67% Respite accommodation in Moray Women’s Aid or property 89 64% Transfer to a different, safe Council property 104 75% Safety measures in the current home, such as locks / Ring doorbell 89 64% Support to maintain a tenancy safely 91 65% Advice on joint tenancies and tenancy rights 70 50% Access to independent advocacy 74 53% Other 11 8% Comments received summarised into key themes Housing Service Response/Action Counselling and emotional support - Access to trauma-informed counselling to help survivors process abuse. Private counselling is out-with the scope of this review. The policy commits to support through Housing Support, MWA, AMIS and Victim Support. No policy change required but information used to inform supporting operational procedure and staff training. Financial support and advice - Assistance to reduce financial stress while dealing with abuse and recovery. Policy commits to helping overcome financial barriers to enable re-housing at S.13 and signposting to relevant agencies such as Money Advice. No policy change required but information used to inform supporting operational procedure and staff training. Recognition of all types of abuse - Domestic abuse should be taken seriously regardless of the survivor’s age, gender, or relationship to the abuser. Policy commits to considering all groups protected by the Equalities Act 2010 at S.6 and future legal provisions within the Housing (S) Act 2025 will widen the definition to include other relationships with abuser. Policy has been revised at S.5 ‘Legal Provisions’. Tailored support - Services should respond to the individual survivor’s needs and wishes. Current Housing Support and MWA Support is person-centred. No Policy change. Support for children - Clear signposting to children’s services where relevant. Policy commits to this at S.8. No policy change required but information used to inform supporting operational procedure and staff training. Page 101
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16 Yes % No % Q.17 Is there something that you think should be removed from the draft Housing Domestic Abuse Policy? 6 (5%) 124 (95%) Q.19 Please tell us if you have any other comments on the draft Housing Domestic Abuse Policy. Housing flexibility - Options to access safe housing, including considerations for pets As above. Survivor-led approach - Ask survivors what they need and address both immediate and long- term needs. As above. Q.18 If yes, please tell us what should be removed. Comments received Housing Service Response/Action Financial burden on survivors - Debts and costs should not fall on survivors, responsibility should lie with the abuser. Policy already commits to this specifically at S13. No policy change required but information used to inform supporting operational procedure and staff training. Overly complex or restrictive policy - Some aspects of the policy may be impractical given housing limitations. The Housing Service do work within funding and resource limitations similar to other services and local authorities. The policy is intended to improve service delivery. No policy change. Barriers to accessing help - Requirements like police involvement can prevent survivors from getting support. Policy and partnership working means MWA can provide support. Gender bias - Services and policies perceived as focused on women; need to better include men and other survivors. Policy commits to helping anyone experiencing domestic abuse in line with the current definition. No policy change. Lack of practical support options - Need for more actionable, supportive measures rather than just policy statements. The policy commits to support throughout. No policy change. The abuser Reference necessary to explain policy commitments. No policy change. Comments received Housing Service Response/Action Belief and responsiveness - Survivors feel they are not always believed or adequately helped need for staff to take abuse seriously. Policy commits to staff training at S.15. No policy change required but information used to inform supporting operational procedure and staff training. Inclusive support - Policy should support all victims, including men, gypsy/traveller communities, and those experiencing non- physical or silent abuse. Policy commits to considering all groups protected by the Equalities Act 2010 at S.6. No policy change required but information used to inform supporting operational procedure and staff training. Staff training - Importance of well-trained, trauma-informed, inclusive staff; understanding diverse needs and situations. Policy commits to staff training at S.15. The policy has been developed to reduce all barriers. No policy change required but information used to inform Safety and housing options: As covered above. Page 102
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17 • Safe temporary accommodation or shelters are crucial, especially for children. • Concerns about abusers being housed nearby. • Repairs and financial responsibility for damage caused by abusers. • Visits by housing officers should consider gender balance to avoid assumptions Holistic, long-term support - Psychological services, counselling, and tailored support to address internal trauma; ongoing support beyond housing placement. Policy already commits to support within the Council’s funding and resources allow as well as through partner agencies. Any private counselling would be out-with the scope of this review. Policy accessibility and clarity - Policy should be easy to read, understandable, and widely publicised (leaflets, drop-in days). Easy Read Version is available. Consultation was widely published. No action required. Practical implementation concerns - Risk that policy won’t be fully implemented due to funding or lack of resources. Need for coordination with other services. Funding and resources are currently in place to support the policy at this current time. Privacy and discreet access to support - Survivors need ways to access help safely without alerting abuser. Policy commits to support throughout. No policy change. Acknowledgment of broader impacts - Decisions should consider impact on children, schooling, family stability, and overall well- being. Policy commits to person-centred approach which considers these issues. No policy change. Appreciation and encouragement - Positive feedback for the policy as a step forward. Strong desire for actions to match words. Noted and feedback to staff. Implementation plan to support delivery is in place. Page 103
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18 APPENDIX II 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 draft document Housing & Community Safety Committee 18.11.25 2.0 12.03.26 Housing Policy Final document for approval Housing & Community Safety Committee 12.03.26 1. Scope of policy 2. Definition(s) 3. Strategic context 4. Objectives and principles of the policy 5. Legal provisions 6. Equalities, rights and socio-economic requirements 7. Confidentiality and data protection 8. Partnership, co-ordination and collaborative working 9. Prevention and early intervention 10. Remain in current home 11. Housing options 12. Homelessness 13. Financial considerations 14. Enforcement action against perpetrators 15. Training 16. Risk management 17. Quality assurance 18. Review and complaints process Page 104
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19 19. Performance monitoring and policy review APPENDIX A - Other Relevant Legislation, Guidance and Regulatory Requirements Executive Summary 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 Domestic Abuse Policy firmly embeds Scotland’s national Equally Safe strategy and framework to prevent and eradicate domestic violence. 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 helping the person experiencing abuse make 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 person-centred 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 while 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’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 • 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 those experiencing abuse / survivors are believed, supported, safe and protected while perpetrators are held accountable. Page 105
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1. Scope of 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 106
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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. 3. Strategic context 3.1 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. 4. Objectives and principles of the policy 4.1 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. 4.2 The specific objectives of the Housing Domestic Abuse Policy are to: Page 107
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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 those who experience domestic abuse often have additional vulnerabilities which increase the risk and nature of abuse; • provide an effective and trauma informed service to those 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. 4.3 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; 5. Legal provisions 5.1 This policy has been developed in line with the following legislation: • Housing (Scotland) Act 2025 requires staff are trained to support victims / survivors, while including them in the decision about where they want to live. • Domestic Abuse Protection (Scotland) Act 2021 – Part 2 comes into force on 1 August 2026 giving power to apply to court to end a perpetrator’s sole tenancy or their interest in a joint tenancy. • 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. Page 108
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• Domestic Abuse (Scotland) Act 2011 • Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001, • 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 5.2 Other relevant legislation, guidance and regulatory requirements is set out in APPENDIX A. 6. Equalities, rights and socio-economic requirements 6.1 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. 6.2 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. 6.3 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. Page 109
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6.4 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) 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. 6.5 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. 7. Confidentiality and data protection 7.1 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. 7.2 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 / gender is offered; and • a process which avoids victims /survivors having to repeat their case / history with different members of staff. 8. Partnership, co-ordination and collaborative working 8.1 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. Page 110
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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 (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. 9. Prevention and early intervention 9.1 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. 9.2 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). 10. Remain in current home Page 111
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10.1 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: • 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 10.2 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. Page 112
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11. Housing options 11.1 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 (away from existing support networks), and reducing the likelihood of financial hardship associated with homelessness. 11.2 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. 11.3 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. 11.4 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. 12. Homelessness 12.1 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. 12.2 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 Page 113
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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. 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. 13. Financial considerations 13.1 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. 13.2 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). Page 114
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13.3 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. 14. Enforcement action against perpetrators 14.1 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 Page 115
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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. 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 14.2 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). 14.3 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. 15. Training 15.1 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. 15.2 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 Page 116
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• facilitate vital pathways between victims, survivors and perpetrators and the specialist support services available to them. 16. Risk management 16.1 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. 16.2 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. 16.3 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. 17. Quality assurance 17.1 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. 18. Review and complaints process 18.1 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. 18.2 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. 18.3 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. 19. Performance monitoring and policy review 19.1 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. 19.2 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: Page 117
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• 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 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 19.3 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. 19.4 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 118
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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 119
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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 120
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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) 29/08/2025 1st Draft IIA to be submitted to H&CS Committee 18/11/25 21/01/2026 IIA revised to include consultation feedback outcomes. To be presented to Housing & Community Safety Committee on 12/03/2026 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 Page 121
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STAGE 2: INTEGRATED IMPACT ASSESSMENT 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 Page 122
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Protected groups Potential impacts and considerations Race Potential Impact - Language barriers or immigration status may affect consultation / engagement, ability to 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 more negatively impacted by the policy as a consequence of behaviours that may require legal action /enforcement. 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 This right may be affected where perpetrators experience legal consequences. 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 Page 123
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List of convention rights Describe, where applicable, if and how specific rights are engaged 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. 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 & Communities Housing Strategy & Development Manager Housing Needs Manager Senior Housing Officer (Policy) Page 124
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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; • 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. Update 21.1.26 – 60% of respondents feel the draft policy recognises trauma, prioritises safety, choice and dignity and considers survivors needs, affirming that good work is already taking place locally in relation to domestic abuse. Feedback has been summarised into main key themes and will be used to inform supporting operational procedures particularly around who can be affected by abuse (genders), support required, financial support, etc. 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. Update 21.1.26 – Consultation feedback collated and considered. No further information required. 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 Page 125
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Advice, Income Maximisation, SWF, consideration of extra HB for 2 homes, as well as for safety and security measures. • 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 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? All impacts fully mitigated as per Q9 above. SECTION 3 CONCLUDING THE IIA 1. No potential negative impacts found for any protected groups. 2. Some potential positive impacts have been identified. The impacts relate to: ✓ Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 ✓ Promoting equality of opportunity ✓ Fostering good relations ✓ 3. The proposals interfere with human rights and/or the rights of the child ✓ 4. Negative impacts can be mitigated as outlined in Q9. ✓ 5. The negative impacts cannot be fully mitigated but are justified as Q10. 6. Further consultation with affected groups is needed. 7. It is advised not to go ahead with the proposals. Decision - Set out the rationale for deciding whether or not to proceed with the proposed actions: To be presented to Housing & Community Safety Committee on 14 March 2026 for final approval. Date of Decision: Sign off and authorisation: Service Housing, Property & Communities Service Department Housing Policy/activity subject to IIA Domestic Abuse Policy Page 126
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We have completed the integrated impact assessment for this policy/activity. Name: Emma Armit Position: Senior Housing Officer (Policy) Date: 21/01/2026 Authorisation by head of service Name: Edward Thomas Position: Head of Housing, Property & Communities Date: Permission to publish on website - Page 127
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Report to: Housing and Community Safety Committee Meeting Date: 12 March 2026 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 31 December 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 31 December 2025. 1.2 This report is submitted to Committee in terms of Section III (G) (1) of the Council's Scheme of Administration relating to the management of budgets. 2. SUMMARY 2.1 This report sets out the position for the HRA and General Services Housing and Property budgets to 31 December 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: i) considers and notes the budgetary position for the period to 31 December 2025, consisting of an overspend of £818k for the HRA and an overspend of £81k for General Services Housing and Property; and ii) approves the proposed service development detailed at para 6.15. Edward Thomas Head of Housing, Property and Communities Item 11. Page 129
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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. 5. HOUSING REVENUE ACCOUNT TO 31 DECEMBER 2025 5.1 Appendix I details the HRA budget position to 31 December 2025. The HRA budget for the period to 31 December 2025 is as follows, including variances arising: Budget to 31/12/2025 Actual to 31/12/2025 Variance to 31/12/2025 £,000 £,000 £,000 10,299 9,481 (818) 5.2 The HRA budgeted expenditure for the period to 31 December 2025 is as follows, including variances arising: Annual Budget Budget to 31/12/2025 Actual to 31/12/2025 Variance to 31/12/2025 £,000 £,000 £,000 Supervision and Management 3,955 3,703 252 Sheltered Housing 51 34 17 Repairs and Maintenance 6,791 7,536 (745) Bad and Doubtful Debts 75 81 (6) Downsizing Incentive Scheme 54 39 15 Service Development 105 10 95 5.3 The key expenditure variances to 31 December 2025 are summarised below. 5.4 Supervision and management – there are a range of variations within this budget resulting in a net underspend of £252k. This includes underspends in staffing (£303k), arising from vacancies being higher than budgeted provision, £34k for software due to revised project timescale, £9k for training and £37k in other minor underspends. This was partially offset by overspends in voids (£70k) arising from increased costs of refurbishment, Council Tax on void properties (£45k) and additional expenditure on the Local Housing Strategy (£16k). 5.5 Sheltered Housing – there was an underspend of £17k in the sheltered housing budget, arising from lower than budgeted energy costs (£18k), partially offset by £1k in minor budgetary overspends. Page 130
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5.6 Repairs and maintenance – there was an overspend of £745k in the repairs and maintenance budget, arising from higher than anticipated expenditure on planned/cyclical maintenance (£794k), predominantly external decoration/fabric repairs, electrical upgrades and estate upgrades and higher than budgeted voids expenditure (£243k), which were partially offset by lower than budgeted response repairs (£292k). It is anticipated that a proportion of the overspends which have initially been posted to the revenue budget will 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 overspend of £6k against provision for bad and doubtful debts, based on write-offs. 5.8 Downsizing Incentive Scheme – there was an underspend of £15k arising from slightly lower activity. 5.9 Service Developments – there is an underspend of £95k, partly arising from the lead-in time to appointing to various posts approved in previous reporting cycles and the tenancy sustainment fund being delivered towards the end of the budgetary year. 5.10 HRA income for the period to 31 December 2025 is as follows: HRA Income 2025/26 Budget to 31/12/2025 Actual to 31/12/2025 Variance to 31/12/2025 £,000 £,000 £,000 Non-dwelling rents 213 215 2 House Rents 20,983 20,428 (555) Other Income 134 241 107 Total Income 21,330 20,884 (446) 5.11 The income at 31 December 2025 was £446k 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 31/12/2025 Projected Outturn to 31/03/2026 Projected Variance to 31/03/2026 £,000 £,000 £,000 £,000 28,838 (372) 28,090 748 6.2 Supervision and management - An underspend of £234k is projected. This variance arises from an underspend in staffing costs arising from vacancy levels (£318k), lower than anticipated software costs (£46k) and other minor underspends (£20k). These are partially offset by anticipated overspends in voids (£100k) and Council Tax on void properties (£50k), based on cost of refurbishment and higher premiums respectively. Page 131
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6.3 Sheltered Housing – An underspend of £5k is projected. This is based on anticipated energy costs. 6.4 Repairs and Maintenance - An overspend of £54k is projected. This is comprised of £75k in property fees attributable to the accelerated investment programme, partially offset by an anticipated underspend in planned/cyclical works (£21k). 6.5 Financing costs - An underspend of £286k is projected based on the cost of borrowing being less than anticipated due to lower than budgeted capital expenditure. 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 £277k lower than budgeted, in order to bring the year-end balance in line with the projected 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 £748k 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 234 Sheltered Housing 5 Repairs and Maintenance (54) Financing Costs 286 CFCR 277 TOTAL 748 6.12 Income Total income to the HRA is projected to be £731k lower than originally budgeted for 2025/26, with £757k less in rental income arising from the continuation of EPC discounts detailed in paragraph 5.11 and lower than anticipated interest on revenue balances (£74k), which will partially be offset by £100k 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 (757) Income on Revenue Balances (74) Other Income 100 TOTAL (731) Page 132
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6.14 Overall, a surplus balance of £17k is projected for the HRA budget in 2025/26, with reserves of £2,250k at year end in line with policy. 6.15 Following the delivery of the accelerated investment programme, the housing service requires to enhance its asset management approach to meet tenant expectations for the ongoing maintenance of the housing stock. A project officer is required to facilitate this work and adjacent activities within Housing, Property and Communities – full year equivalent funding of £65,178 is available within the service development provision. 7. GENERAL SERVICES HOUSING and PROPERTY BUDGET 7.1 Appendix II provides details of the budget position to 31 December 2025. 7.2 The General Services Housing and Property budget for the period to 31 December 2025 as follows: Annual Budget Budget to 31/12/2025 Actual to 31/12/2025 Variance to 31/12/2025 4,147 3,167 3,248 (81) 7.3 Planning and Development - consists of Improvement Grants and Affordable Housing budgets, including disabled adaptations. The position at 31 December 2025 shows an underspend of £24k, arising from an underspend in discretionary grants. 7.4 Housing Management – there has been an overspend of £1k, arising from £2k higher than budgeted expenditure on the provision of toilets/site clearance, partially offset by £1k in lower staff costs. 7.5 Homelessness/Allocations - comprises of Homelessness and Housing Support services. There was an underspend of £22k in this budget, comprised of underspends in Temporary Accommodation (£14k) arising from additional income from revised charges, and general homelessness (£21k), partially offset by an overspend of £13k in Housing Support. 7.6 Miscellaneous General Services Housing – comprises various small budgets for which there is currently a £30k 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, or by proportionate spend to General Services. 7.8 The Property Services Budget - includes the budgets for the Design Team and Property Resources. There is an overall underspend of £157k to date. Within the Design Team there was an overspend of £212k, 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 £55k underspend, predominantly arising from higher than budgeted income for industrial estates (£86k) and lower than expected repairs and maintenance (£111k), partially offset by an overspend in school repairs and maintenance (£136k) and the additional cost of managing surplus property (£43k). Page 133
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7.9 The key expenditure variances to 31 December 2025 are summarised below. Service Description Overspend (£000) Underspend (£000) Net Variance (£000) Planning and Development 24 Housing Management (1) Homelessness/Allocations 22 Misc. General Services Housing 31 Property Services (157) TOTAL (81) 7.10 As at 31 December 2025, the General Services Housing and Property budget shows a net overspend 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: Annual Budget Variance to 31/12/2025 Projected Outturn to 31 March 2026 Projected Variance to 31 March 2026 4,147 (81) 4,062 85 8.2 Planning and Development – An underspend of £20k is projected, arising from lower expenditure in discretionary grants. 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 £25k 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 £138k. 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 £178k more than the budgeted provision. The service is also continuing to deliver savings to the general services budget: Housing and Property Amount 25/26 £,000 Posted 25/26 £,000 Property - Take a more commercial approach to rent reviews (65) (65) Property - Close two corporate offices (50) (50) Page 134
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Elgin Community Centre (33) (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 (17) (17) LED & Solar (30) (30) Temporary Accommodation savings (42) (42) Depot & Stores (10) (10) Out of Hours review (118) (118) (571) (583) 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) Building Services – Depot Rental 12 TOTAL (12) 8.10 The review of rental charge for the DLO depot has delivered an additional £12k towards the savings target. Overall savings of £583k have been delivered in the course of the reporting year. 8.11 Overall, it is now projected that the General Services Housing Budget will underspend by £85k 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 135
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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 Property, Estates and Assets Service Development 1 April 2026 £65,178 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 Paragraph 6.15 details the proposed recruitment of one post at Grade 9. 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 136
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9.7 Best Value and Transformation There are no best value or transformation implications arising from this report. 9.8 Property There are no property implications directly 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 137
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APPENDIX I Housing Revenue Account Budget Monitoring to 31 December 2025 Service Description Annual Budget 2025-26 Budget to 31 Dec 2025 Actual to 31 Dec 2025 Variance to 31 Dec 2025 Projected Outturn to 31 Mar 2026 Projected Variance to 31 Mar 2026 Expenditure £,000 £,000 £,000 £,000 £,000 £,000 Supervision & Management 6,455 3,955 3,703 252 6,221 234 Sheltered Housing 66 51 34 17 61 5 Repairs and Maintenance 10,183 6,791 7,536 (745) 10,237 (54) Financing Costs 8,413 0 0 0 8,127 286 Bad & Doubtful Debts 250 75 81 (6) 250 0 CFCR 3,089 0 0 0 2,812 277 Downsizing Incentive Scheme 72 54 39 15 72 0 Service Development 310 105 10 95 310 0 Total Gross Expenditure 28,838 11,031 11,403 (372) 28,090 748 Income £,000 £,000 £,000 £,000 £,000 £,000 Non-dwelling rents 275 213 215 2 275 0 House rents 28,034 20,983 20,428 (555) 27,277 (757) IORB 350 0 0 0 276 (74) Other income 179 134 241 107 279 100 Total Income 28,838 21,330 20,884 (446) 28,107 (731) Surplus / (Deficit) for the year 0 10,299 9,481 (818) 17 17 Accumulated Surplus Balance brought forward 2,233 Estimated Surplus Balance at 31 March 2,250 Page 138
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APPENDIX II General Services Housing & Property Monitoring to 31 December 2025 Annual Budget Actual & committed Variance Projected Projected Service Description Budget to to at Outturn Variance 2025-26 31 Dec 2025 31 Dec 2025 31 Dec 2025 2025-26 2025-26 £'000 £'000 £'000 £'000 £'000 £'000 Planning & Development 186 272 248 24 166 20 Housing Management 18 33 34 (1) 18 0 Homelessness / Allocations 1683 1336 1314 22 1683 0 Miscellaneous General Services Housing 203 73 42 31 178 25 Building Services 0 (100) (100) 0 0 0 Property Services 2040 1553 1710 (157) 2178 (138) General Services Housing & Property Savings 178 0 0 0 0 178 General Services Housing & Property Allocations (161) 0 0 0 (161) 0 General Services Housing & Property Total 4147 3167 3248 (81) 4062 85 Page 139
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