Agenda Document Pack - Housing and Community Safety Committee - 10/09/2026
Moray Council · 10 September 2026
Back to Housing and Community Safety Committee — 10 September 2026 and its agenda
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Housing and Community Safety Committee Thursday, 10 September 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, 10 September 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 10-12 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 June 2026 Report by Executive Director Education, Housing and Communities 7 - 12 5. Written Questions ** 6. Housing Investment Plan update to 30 June 2026 Report by Executive Director Education, Housing and Communities 13 - 32 7. Estate Management Policy Review Update Report by Executive Director Education, Housing and Communities 33 - 160 Page 1
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8. Scottish Social Housing Charter Compliance Report by Executive Director Education, Housing and Communities 161 - 170 9. Housing, Property and Communities Budget Monitoring Report to 30 June 2026 Report by Executive Director Education, Housing and Communities 171 - 182 Item(s) which the Committee may wish to consider with the Press and Public excluded 10. Moray Affordable Housing Investment Programme [Para 7 and 9] • 7. Information relating to the financial or business affairs of any particular person (other than the authority). • 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. 11. Gypsy/Travellers [Para 3] • 3. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority. 12. Building Services Budget 2026/27 – Budget Monitoring (Q1 2026/27) [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. Information Reports - Not for Discussion at this Meeting Any member wishing to call in a noting or information report from one meeting shall give notice to Committee Services by 12 noon 2 clear working days before the meeting for which the report is published. Please see Standing Order 38 for deadlines. The Notice shall be countersigned by one other elected member and shall explain the reason for call in including any action sought. Damp, Mould and Condensation Report by Executive Director Education, Housing and Communities 183 - 188 Page 2
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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 3
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 4
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MORAY COUNCIL Housing and Community Safety Committee SEDERUNT Councillor Amber Dunbar (Chair) Councillor Paul McBain (Depute Chair) Councillor 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 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 Thursday, 18 June 2026 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Tracy Colyer, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Shona Morrison, Councillor Derek Ross, Councillor John Stuart ALSO PRESENT Councillor Kathleen Robertson (Item 6 onwards) APOLOGIES Ms Elizabeth McKnockiter IN ATTENDANCE Executive Director Education, Housing and Communities; Head of Housing, Property and Communities; Service Manager Property, Estates and Assets; Service Manager Housing Operations; Service Manager Housing Needs; D Murray, Senior Housing Officer (Strategy); G Anderson, Senior Solicitor and L Rowan, Committee Services Officer. 1 Chair Councillor Amber Dunbar chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 of the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons regarding any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda. 3 Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded Item 4. Page 7
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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 13 Para 3 - Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority. 14 Para 9 - Information on terms proposed or to be proposed by or to the Authority. 15 Para 9 - Information on terms proposed or to be proposed by or to the Authority. 4 Minute of meeting dated 12 March 2026 The Minute of the meeting of the Housing and Community Safety Committee dated 12 March 2026 was submitted and approved. 5 Written Questions The Committee noted that no written questions had been submitted. 6 Tenant Participation Advisory Service TPAS Scotland National Awards The Committee joined the Chair in congratulating the Council’s Tenant Participation Service after receiving two national awards at the Tenant Participation Advisory Service Scotland Awards Ceremony held the previous evening, namely the award for Good Practice in Communicating with Tenants and Residents in recognition of the work on the tenant newsletter with the Tenant Editorial Panel, and the Tenant Participation Officer of the Year award for Rebecca Irons. It was further noted that this recognition followed Liz McKnockiter, Tenant Representative being named Tenant of the Year at the equivalent ceremony the previous year, highlighting Moray’s strong reputation for good practice in tenant participation. 7 2025-28 Housing, Property and Communities Service Plan (Year 2 refresh) Under reference to paragraph 8 of the Minute of the meeting of Corporate Committee dated 26 August 2025, the meeting had before it a report by the Executive Director Education, Housing and Communities inviting the Committee to consider the Housing and Property and Communities Service Plan (Year 2 refresh) noting that the Learning Estate element will be considered at the Education, Children's and Leisure Services Committee on 23 June 2026 in terms of remit. Page 8
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Following consideration, the Committee unanimously agreed to approve the Service Plan (Year 2 refresh) for Housing, Property and Communities as set out in Appendix 1 of the report. 8 Estate Management Policy Review Under reference to paragraph 11 of the Minute of the meeting of the Community Services Committee dated 2 February 2005, the meeting had before it a report by the Executive Director Education, Housing and Communities advising the Committee of the need to update and revise the Estate Management Policy to ensure that the Council's approach reflects current legislation and operational practice. During his introduction, the Service Manager Housing Operations advised of a correction to the report at paragraph 6.2, in that the implementation date for the right to keep a pet had not yet been set by the Scottish Government, and at 9.2 in that the updated model tenancy agreements had been published on 8 June 2026 which will apply to new tenancies from 1 August 2026, however existing tenants would not be required to sign new agreements and would be informed of changes through appropriate publicity. This was noted. Following consideration, the Committee unanimously agreed: (i) to note the requirement to review and update the Estate Management Policy, and the development of standalone Pet and Permissions Policies, to enhance clarity and usability; (ii) to approve the revised draft Estate Management Policy as set out in Appendix I of the report; (iii) to approve the draft Pet Policy for Council Tenants as set out in Appendix II of the report; (iv) to approve the draft Permissions Policy as set out in Appendix III of the report; (v) that a consultation exercise on the draft policies is undertaken, as set out in Section 8 of the report; (vi) to note that the draft Integrated Impact Assessment set out in Appendix IV of the report will be updated following consultation; (vii) to note that a further report, detailing the consultation findings and presenting final revised policies for approval, will be presented to this Committee on 10 September 2026; and (viii) to note that the implementation date for the right to keep a pet had not yet been set by the Scottish Government and that the updated model tenancy agreements had been published on 8 June 2026 which will apply to new tenancies from 1 August 2026, however existing tenants would not be required to sign new agreements and would be informed of changes through appropriate publicity. Page 9
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9 Allocations Policy Annual Performance Report 2025-26 Under reference to paragraph 13 of the Minute of the meeting of this Committee dated 24 June 2025, the meeting had before it a report by the Executive Director Education, Housing and Communities informing the Committee of the performance of the Council's Allocations Policy during 2025/26. Following consideration, the Committee unanimously agreed: (i) considers and notes the performance identified within the report and detailed within APPENDIX I; (ii) agrees the allocations quotas for 2026/27 detailed at paragraph 5.11 of this report; and (iii) notes the proposed approach to rural lettings as detailed in paragraph 5.18. 10 Performance Report (Housing, Property and Communities Service) – Period to March 2026 The meeting had before it a report by the Executive Director Education, Housing and Communities asking the Committee to scrutinise performance in areas of Service Planning, Service Performance and other related data to the end of March 2026 and note actions being taken to improve performance where required. Following consideration, the Committee unanimously agreed to note performance in areas of Service Planning, Service Performance and other related data to the end of March 2026 and note actions being taken to improve performance where required. 11 Housing Property and Communities Budget Report to 31 March 2026 Under reference to paragraph 4 of the Minute of the meeting of Moray Council dated 25 February 2026, the meeting had before it a report by the Executive Director Education, Housing and Communities asking the Committee to scrutinise and note the interim out-turn position for the Housing Revenue Account (HRA) and General Services Housing, Property and Communities budgets for the period up to 31 March 2026. Following consideration, the Committee unanimously agreed: (i) notes the interim outturn for 2025/26 for the period to 31 March 2026, consisting of a surplus balance of £2,250k for the HRA and an underspend of £36k for General Services Housing, Property and Communities; and (ii) approves the proposed service development detailed in para 5.15. 12 Housing Investment Plan Budget Monitoring to 31 March 2026 Page 10
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Councillor Morrison left the meeting during consideration of this item and gave apologies for the remainder of the meeting. Under reference to paragraph 5 of the Minute of the meeting of Moray Council dated 25 February 2026, the meeting had before it a report by the Executive Director Education, Housing and Communities informing the Committee of the unaudited outturn to 31 March 2026 of the Housing Investment Plan, inform the Committee of the planned investment work included within the Housing Investment Programme 2026/27. The report further provided the Committee with an update on the Scottish Housing Quality Standards 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) unaudited outturn to 31 March 2026 of the Housing Investment Plan. 13 Refugee and Resettlement Update [Para 3] Under reference to paragraph 15 of the Minute of the meeting of Moray Council dated 22 May 2024, the meeting had before it a report by the Depute Chief Executive Economy, Environment and Finance asking the Committee to consider and note activities to date with respect to the UK and Scottish humanitarian protection, refugee resettlement and asylum programmes, including resource allocation, accommodation, integration/support provision, funding received and ongoing management. Following consideration, the Committee unanimously agreed: (i) considers and notes the updates on the activities in support of individuals requiring humanitarian protection, resettlement assistance or seeking asylum; (ii) notes the budgetary position to 31 March 2026 as detailed in section 7.4 of the report; (iii) notes progress with the integration of the Refugee Resettlement Team (RRT) within Housing, Property and Communities as detailed in para 5.5; and (iv) notes that Officers have submitted returns to the Home Office in relation to ongoing support for the Afghan Resettlement Programme and Expression of Interest for the Asylum Accommodation Pilots, as set out in paras 6.4 and 6.15 respectively. 14 Building Services Budget 2026-27 [Para 9] 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, Page 11
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Housing and Communities presenting the Committee with the Building Services Trading Operation Budget for 2026/27. The Committee joined the Chair in welcoming the Council’s apprenticeship programme which currently has 23 apprentices employed and no vacancies, and thereafter unanimously agreed: (i) the proposed Building Services Trading Operation Budget for 2026/27, as detailed in section 6 and Appendix I of the report; (ii) the service development proposals at a cost of £40k as detailed in section 7 of the report; (iii) the Building Services key business priorities highlighted in section 8 of the report, noting that a Change Management Plan, following a review of management and supervision arrangements within Building Services, will be presented to this Committee on 10 September 2026; and (iv) Building Services anticipated key performance outputs for 2026/27, as set out in section 9 of the report. 15 Building Services Budget 2025-26 – Budget Monitoring [Para 9] 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 Committee with the draft budget monitoring information for the period to 31 March 2026 for the Building Services Trading Operation. The Committee joined the Chair in commending the Service for meeting the annual void relet target of 32 calendar days placing Moray within the upper quartile of all Scottish Local Authorities and thereafter unanimously agreed to note: (i) the draft financial information for the period to 31 March 2026, as detailed in section 6 and Appendix I of the report; and (ii) Building Services operating performance for the period to 31 March 2026, as set out in section 7 of the report. Page 12
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Report to: Housing and Community Safety Committee Meeting Date: 10 September 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 30 June 2026 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of progress on the Housing Investment Plan to 30 June 2026, provide an update on the Scottish Housing Quality Standards (SHQS) Compliance Improvement Plan and for approval to declare HRA properties surplus. 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 Quarter 1 budget monitoring. 2. SUMMARY 2.1 The report provides an update on the progress of the Housing Investment Programme as of 30 June 2026. By the end of quarter 1, expenditure of £4,650k had been achieved, representing 16% of the approved annual budget. The report also provides an update on progress against the Scottish Housing Quality Standard (SHQS) and the Energy Efficiency Standard for Social Housing (EESSH) improvement plan. 3. RECOMMENDATIONS 3.1 It is recommended that Committee considers and notes the: i) planned works which will improve the Council’s housing stock; ii) current progress of the improvement plan; iii) plans to ensure compliance continues to improve; and iv) To declare Reidhaven House, 51A-51F Mid Street, Keith as surplus as detailed in paras 6.1 and 6.2. Item 6. Page 13
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Neil Strachan Service Manager Property, Estates and Assets 4. BACKGROUND AND CONTEXT 4.1 The Council meeting of 25 February 2025 approved the Housing Revenue Account Annual Budget for 2026-27 (paragraph 5 of the Minute refers). This report provides an update on the investment plan to 30 June 2026. APPENDIX I shows the approved budget for 2026/27, which is £28,426k. 4.2 The Housing Investment Plan reflects the investment priorities which tenants identified within the most recent tenant survey and regulatory requirements. As of 30 June 2026, 67.16% of our stock met the SHQS, compared with 80% of our peer group. Overall compliance has continued to improve in relation to the housing improvement programme delivery. Appendices I-VI and the below provide an outline of annual budget, commitment and variance to 30 June 2026. 4.3 APPENDIX I shows the total income and expenditure for the financial year 2026/27. The figure shows that at 30 June, end of Quarter 1, expenditure of £4,650k was achieved, which represents a spend of 16% against the £28,426k annual budget allocation. The spend is slightly lower than expected, however it does reflect the early stage of the financial year and is largely attributable to the mobilisation of contacts. Annual Budget (£000’s) Spend to 30 June 2026 (£000’s) Variance to 30 June 2026 (£000’s) £28,426 £4,650 £23,776 4.4 APPENDIX II shows expenditure on Response and Void repairs. Expenditure to 30 June 2026 is £507k, against an annual budget of £6.18m, representing 8.2% of the annual budget. The spend is lower than would normally be expected at this stage of the financial year. This is partly attributable to a delay in processing one month’s Building Services charges, which are therefore not reflected in the Quarter 1 figures. The largest proportion of expenditure to date relates to the Response Repair budget lines. Gas repair expenditure is currently £37k, which is lower than would be expected at this stage, however this reflects that the reporting period does not include the winter months, when demand for heating repairs is typically higher. Annual Budget (£000’s) Spend to 30 June 2026 (£000’s) Variance to 30 June 2026 (£000’s) £6,180 £507 £5,673 4.5 APPENDIX III shows expenditure on Estate Works, which has an annual budget of £725k. Current spend to 30 June 2026 totals £106k, representing 15% of the annual budget and leaving a remaining budget of £619k. The largest area of expenditure to date is the Estate Upgrades (£75k), accounting for approximately 71% of total Estate works Page 14
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expenditure. Overall, the expenditure is relatively low as of 30 June 2026, however this is in line with expectations given the early stage of the financial year. Annual Budget (£000’s) Budget to 30 June 2026 (£000’s) Variance to 30 June 2026 (£000’s) £725 £106 £619 4.6 APPENDIX IV shows the expenditure on Cyclical maintenance. Spend to 30 June 2026 is £267k against a budget of £1,986k, which represents 13% committed with a remaining budget of £1,719k. The Electrical Installation Condition Report ( EICR) budget line has £67k spent to 30 June 2026, which represents 52% of the annual budget allocation. The slightly higher level of expenditure reflects the programmed delivery of electrical inspections early in the financial year. The budget allocation for EICR works will be reviewed as part of ongoing budget monitoring, to ensure it adequately reflects the level of activity required to meet statutory compliance. Annual Budget (£000’s) Budget to 30 June 2026 (£000’s) Variance to 30 June 2026 (£00’s) £1,986 £267 £1,719 4.7 APPENDIX V shows the planned maintenance and other investment split between Capital and Revenue spend. Overall, the capital spend was £3,239k to 30 June 2026, which represents approximately 18% of the annual budget for the capital element of this budget line. The planned maintenance revenue spend is £404k representing 40% of the revenue budget. This revenue budget position reflects accelerated expenditure in Quarter 1 in relation to electrical upgrades as part of our compliance programme. The spend in this revenue area will continue to be monitored to control budget expenditure within this overall budget heading. Annual Budget (£000’s) Spend to 30 June 2026 (£000’s) Variance to 30 June 2026 (£000’s) £19,535 £3,770 £15,765 This budget covers the main areas of improvement investment. Recognising that window replacement is a key tenant priority, the budget for this work remains £3m for the 2026/27 financial year. As of 30 June 2026, a total of 48 kitchens and 12 bathrooms have been replaced along with 24 heating systems. Expenditure to 30 June 2026 indicates that delivery within the EESSH programme of works has primarily been focused on insulation measures, with £1.06m spend to date. Heating and solar / battery projects are at an early stage, with minimal spend recorded. 4.8 APPENDIX VI shows the income and expenditure for Private Sector Housing Grants to 30 June 2026. Annual Budget (£000’s) Spend to 30 June 2026 Variance to 30 June 2026 Page 15
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(£000’s) (£00’s) 400 137 263 5. HOUSING AND PROPERTY IMPROVEMENT PLAN UPDATE 5.1 The main areas for improvement for the Scottish Housing Quality Standard (SHQS), were electrical certification and energy efficiency. A programme of electrical inspection and certification has continued throughout 2026/27 to support compliance. As of 30 June 2026, over 92% of properties were now fully compliant in relation to electrical certification. As noted in 4.6 of the report, the EICR inspections and certification budget is £130k, with £67k committed to the end of Quarter 1. The electrical upgrades budget is currently overspent as a result of the renewal and remedial works identified through the EICR programme. Increased expenditure has been necessary where electrical installations are approaching, or have reached, their inspection expiry dates and require upgrading or remedial works. This additional investment is essential to maintain and achieve compliance with the Scottish Housing Quality Standard (SHQS). 5.2 The second key area for improvement of SHQS, is the Energy Efficiency Standard for Social Housing (EESSH) compliance. As at 30 June 2026, 77.95% of Moray Council housing stock meets the EESSH requirements. Compliance levels are expected to continue to improve as the current programme of energy measures are delivered across the housing stock. 5.3 The improvement action plan as reported to this Committee on 7 May 2024 (paragraph 9 of the Minute refers) has continued to deliver programmed works to a number of properties. 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 2026/2027, with a budget of £9,450k allocated with £1,060k committed to date, however, in APPENDIX V it should be noted for financial reporting purposes some of the spend has been split between the budget headings of Kitchens and Bathrooms, Bathroom Replacements, Central Heating and Doors and Windows. The budget will ensure that the programme continues to deliver until the end of the financial year in 2026/27, delivering further on kitchen, bathrooms, heating upgrades and insulation upgrades across the housing stock. This programme has delivered the following improvements so far: 365 Heating installations 284 Kitchen upgrades 302 Bathroom upgrades 274 Loft top up insulations 261 Internal wall insulations 354 Cavity wall insulations 36 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 Page 16
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wall insulation, solar, heating and kitchen upgrades will be undertaken. Spend on this project is anticipated to outturn at approximately £2.5m this financial year. 6. SURPLUS PROPERTY 6.1 Following a review of long-term void properties, it was identified that Reidhaven House, 51A- 51F Mid Street, Keith required extensive work to bring to a lettable standard. The asset comprises of six vacant bedsits within a Category B listed building owned by the Housing Revenue Account. Condition surveys have identified that the properties are in poor condition and require significant capital investment, estimated at approximately £646,000, to achieve compliance with SHQS and EESSH standards and to address essential building repairs and maintenance requirements. 6.2 On 20 August 2026, the Better Homes Board considered a detailed appraisal of Reidhaven House, 51A-51E Mid Street Keith. Following assessment of the significant capital investment required to achieve SHQS and EESSH compliance, together with the limited financial return associated with retention, the board recommended that the properties be declared surplus to Housing Revenue Account requirements. Committee approval is therefore sought to declare the properties surplus and authorise their disposal, noting that the service may utilise them on a temporary basis until sold. 7. SUMMARY OF IMPLICATIONS 7.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) √ Policy and Legal √ Financial √ Risk √ Staffing √ 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. Page 17
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☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population 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 2026/27is 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 2026/27, 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. 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. Disposal of surplus properties which are not economic to upgrade is predicated on value for money for the HRA. 7.9 Information Communications/Technology/Digital There are no specific implications with this report. 7.10 Equalities, Social Inclusion and Economic Impact Housing investment in general has positive impacts in relation to equality and socio- economic advantage while supporting human rights and the rights of the child. Continued investment in the Council’s housing stock, including works to improve SHQS and EESSH compliance, heating, insulation, damp and mould prevention, safety, repairs and disabled adaptations, supports the provision of safe, warm, accessible and energy- efficient homes. The improvements benefit tenants and households who can be more Page 18
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affected by poor housing conditions or fuel poverty, including disabled people, older people, children and young people, families, people with health conditions and households on low incomes. No negative impacts have been identified at this stage. Delivery will continue to consider tenant needs and accessibility requirements. 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 Communities, Acting Service Manager Building Services, Head of People, Change and Community Strategy, Chief Financial Officer, G. Anderson, Senior Solicitor, the Equal Opportunities Officer and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 9. BACKGROUND PAPERS 9.1 None. Page 19
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APPENDIX I INVESTMENT PROGRAMME INCOME AND EXPENDITURE 2026/27 30 June 2026 (All amount in £0’000) Annual budget 2026/27 Expenditure to date % budget spent Budget balance Expenditure Response, Gas & Void Repairs 6,180 507 8% 5,673 Estate Works 725 106 15% 619 Cyclic Maintenance 1,986 267 13% 1,719 Planned Maintenance (Revenue) 1,004 404 40% 600 Planned Maintenance (Capital) 18,080 3,239 18% 14,841 Other Investment 451 127 28% 324 Sub total 28,426 4,650 16% 23,776 Other Capital expenditure New build – capital costs Open market purchases 23,874 2,500 1,626 2 Total 54,800 6,278 Funded by HRA revenue 10,346 1,411 Government grant 6,616 2,218 Use of Council tax discount 700 0 Prudential borrowing 23,901 2,649 Other Grants 9,374 0 Capital receipts 0 0 C.F.C.R 3,863 0 Total 54,800 6,278 Page 21
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APPENDIX II INVESTMENT PROGRAMME EXPENDITURE 2026/27 30 June 2026 (All amounts in £0,000) RESPONSE AND VOIDS REPAIRS Annual budget 2026/27 Expenditure plus commitment to date %expenditure plus committed to date Budget balance West area 998 105 11% 893 East area 1567 196 13% 1,371 Central area 900 113 13% 787 Void house repairs 2060 56 3% 2004 Gas heating repairs 655 37 6% 618 6,180 507 8% 5,673 Page 23
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APPENDIX III INVESTMENT PROGRAMME EXPENDITURE 2026/27 30 June 2026 (all amounts in £’000) ESTATE WORKS Annual budget 2026/27 Expenditure plus commitment to date %expenditure plus committed to date Budget balance Asbestos 130 15 12% 115 Landscape Maintenance 95 15 16% 80 Estates/forum upgrades 500 76 15% 424 725 106 15% 619 Page 25
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APPENDIX IV INVESTMENT PROGRAMME EXPENDITURE 2026/27 30 June 2026 (all amounts in £’000) CYCLIC MAINTENANCE Annual budget 2026/27 Expenditure plus commitment to date %expenditure plus committed to date Budget balance Gas Servicing 432 71 16% 361 Solid fuel servicing 16 0 0% 16 Air source heat pump servicing 67 4 6% 63 Smoke detector servicing 16 2 13% 14 External decoration & Fabric Repairs 860 118 14% 742 EICR 130 67 52% 63 Play areas 100 0 0 100 House surveys 50 0 0 50 Community payback 50 0 0 50 General Servicing 30 3 10% 27 Solar & Battery 25 0 0% 25 PIV 50 0 0% 50 Fire Risk Assessments & Associated works 160 2 1% 158 1,986 267 13% 1,719 Page 27
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APPENDIX V INVESTMENT PROGRAMME EXPENDITURE 2026/27 30 June 2026 (all amounts in £’000) PLANNED MAINTENANCE & OTHER INVESTMENT Annual Budget 2026/27 Expenditure plus commitments to date % expenditure plus committed to date Budget Balance Kitchens and Bathrooms 1,339 450 34% 889 Bathroom Replacements 639 21 3% 618 Central Heating 1,900 331 17% 1,569 Doors and Windows 3,000 1,399 47% 1,601 EESSH - Insulation 3,500 1,059 30% 2,441 EESSH – Heating 3,500 2 0% 3,498 EESSH – Solar and battery 2,450 0 0% 2,450 Damp, mould and condensation 700 0 0% 700 Smoke/Co upgrade 0 0 0% 0 Roof replacements 1,052 -23 -2% 1,075 Sub Total (Capital) 18,080 3,239 18% 14,841 Rainwater goods 300 33 11% 267 Rainwater goods - Roof Moss Cleaning 240 0 0% 240 Roof and Fabric repairs 0 97 -97 -97 Plumbing Upgrades 90 11 12% 79 Electrical Upgrades 150 229 153% -79 Safety & Security 26 0 0% 26 Sheltered Housing 12 0 0% 12 Decoration Vouchers 124 20 16% 104 Common stairs 62 2 3% 60 Insulation 0 12 0% -12 Sub Total (Revenue) 1,004 404 40% 600 Disabled Adaptations 400 90 23% 310 Misc 0 0 0 0 EPC certs 0 2 0 -2 Enabling Projects 51 35 69% 16 Sub Total (Other Investment) 451 127 28% 324 Total 19,535 3,770 19% 15,765 Page 29
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APPENDIX VI PRIVATE SECTOR HOUSING GRANT SCHEME OF ASSISTANCE – 2026/27 Annual budget 2026/27 Expenditure to date Balance Legally committed Anticipated year end spend CATEGORY Independent Living Category C 400 137 263 72 400 CATEGORY DESCRIPTIONS Category C Grant Assistance to aid independent living – House condition works Page 31
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Report to: Housing and Community Safety Committee Meeting Date: 10 September 2026 Report by: Executive Director Education, Housing and Communities Author: Gillian Henly Contact Email: housingpolicy@moray.gov.uk Subject: Estate Management Policy Review Update 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to present the outcome of the consultation undertaken on the revised Estate Management Policy, Pet Policy for Council Tenants, and Permissions Policy and to seek Committee approval of the final policies. The consultation was undertaken following Committee approval on 18 June 2026 (paragraph 8 of the draft minute refers). The report also presents the updated Integrated Impact Assessment. 1.2 This report is submitted to this Committee in terms of the Council’s Scheme of Administration: • Section III (G) (2) to exercise all the functions of the Council as Housing Authority. • Section III (G) (3) 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 The Estate Management Policy has been comprehensively reviewed to reflect changes in legislation, regulatory expectations and operational practice. To improve accessibility and clarity, provisions relating to pet ownership and tenant permissions have been separated into standalone Pet and Permissions Policies. Following a six-week consultation with tenants and stakeholders, feedback received has informed a number of amendments to the final policies. The revised policies provide transparent and consistent frameworks to support effective estate management, responsible pet ownership and the management of tenant permissions. 3. RECOMMENDATIONS Item 7. Page 33
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3.1 It is recommended that Committee: i) notes the outcome of the consultation exercise undertaken on the draft Estate Management Policy, Permissions Policy and Pet Policy for Council Tenants as set out in Sections 5 and 6 and APPENDIX I, II and III; ii) notes that consultation responses have been considered and informed the final policies, where appropriate; iii) considers and approves the Estate Management Policy as set out in Section 7 and APPENDIX IV; iv) considers and approves the Permissions Policy as set out in Section 8 and APPENDIX V; v) considers and approves the Pet Policy for Council Tenants as set out in Section 9 and Appendix VI; vi) notes the updated Integrated Impact Assessment at Appendix VII; and vii) agrees that the approved policies take effect from 1 October 2026 or such other implementation date as determined by the Head of Housing, Property and Communities. Gillian Henly Senior Housing Officer (Policy) 4. BACKGROUND AND CONTEXT 4.1 On 18 June 2026, this Committee considered a report outlining the need to review and update the Council's Estate Management Policy and approved draft policies for public consultation (para 8 of the draft Minute refers). 4.2 The review identified that the previous Estate Management Policy no longer fully reflected legislative requirements, regulatory expectations or current operational practice. To improve accessibility and clarity, elements relating to pet ownership and permissions for alterations and change of use were separated into standalone policies. 4.3 The draft policies were reviewed to ensure that they are: • compliant with legislation and guidance; • aligned with current Housing Service priorities; • reflective of best practice; • fit for purpose; and • responsive to service delivery requirements. Page 34
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4.4 On 18 June 2026, this Committee approved draft versions of the revised Estate Management Policy, Pet Policy for Council Tenants and Permissions Policy for consultation. Feedback was sought from tenants, the Register of Interested Tenants, Moray Tenants Forum and other stakeholders through the Moray Engage platform. 5. CONSULTATION 5.1 The Housing Service undertook a consultation exercise on the proposed revisions to the Pet Policy for Council Tenants, Permissions Policy and Estate Management Policy over a six-week period between 19 June 2026 and 31 July 2026. 5.2 The consultation was designed to provide tenants, residents and other stakeholders with an opportunity to review the proposed policy revisions and provide feedback before the policies were finalised. The consultation process included: • publication of the draft policies and supporting information; • an online consultation survey for each policy; • promotion through the Council website and social media channels; • direct communication with tenants and relevant stakeholder groups. All tenants received an email / letter informing them of the consultation and how to participate; • engagement with tenant participation structures including the Register of Interested Tenants and Tenant Forum; and • opportunities for written comments and feedback. 5.3 As part of the consultation process, direct communications were issued to tenants by email and letter, providing information on the consultations and how to participate. Tenants were: • provided with direct links to each policy consultation; • invited to answer generic questions on each policy; and • given the opportunity to provide additional comments for consideration. Respondents could provide feedback on any or all of the three policy consultation surveys. 5.4 The consultation was publicised across Council social media platforms and local media outlets. The consultation was undertaken through Moray Engage, which is the Council's established engagement platform. In recognition of accessibility issues, where requested, paper copies of the consultation were issued to consultees, and their feedback is included in the results. This approach balances accessibility, cost-effectiveness and environmental considerations while ensuring alternative formats remain available. 5.5 The consultation activity was designed to maximise awareness and accessibility through a combination of direct tenant communications, digital engagement, social media promotion and stakeholder engagement. Consultation statistics indicate that the approach was successful in generating awareness of the policy reviews and encouraging residents to access supporting documentation and participate in the consultation process. The variation in response rates between the three consultations is considered more likely to reflect differing levels of interest in the policy subject matter than differences in promotional activity. Page 35
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6. CONSULTATION RESPONSES AND FINDINGS 6.1 The aim of the consultation was to gather views, identify concerns, test the proposals set out within the draft policies, demonstrate tenant participation in policy development, and use the feedback received to inform the final policy proposals. A range of engagement methods were used to maximise awareness and provide tenants and stakeholders with accessible opportunities to participate. 6.2 Participation levels varied across the three consultations, with policies likely to have a more direct impact on tenants attracting higher levels of engagement. A total of 165 survey responses were received across the Estate Management Policy, Permissions Policy and Pet Policy for Council Tenants consultations. While this represents a relatively small proportion of the Council's overall tenant population, the consultation generated sufficient feedback to identify key themes, understand stakeholder views and highlight issues and concerns for consideration. The results are consistent with wider consultation analysis, which suggests that participation levels are influenced more by the relevance and perceived impact of individual policy topics than by the promotional methods used. The feedback received was considered in detail and informed amendments to the draft policies prior to their finalisation. Details of participation levels are provided in Appendices I, II and III. Policy Responses received Estate Management Policy 54 Permissions Policy 37 Pet Policy for Council Tenants 77 6.3 Consultation responses indicated strong support for the overall aims and objectives of the proposed policies. 6.4 Key themes arising from the consultation included support for the overall direction of the proposed policies and recognition of the importance of providing clear information on how proposed changes may affect tenants and how consultation feedback will be used to inform final policy decisions. Specific themes identified were: • support for clearer guidance and expectations; • support for the introduction of a standalone Pet Policy; • support for transparent permission processes and defined timescales; • requests for additional examples and explanatory guidance within supporting procedures; and • requests for further information regarding reviews, appeals and enforcement processes. 6.5 No significant objections were raised regarding the underlying principles of the policies. Officers reviewed all comments and feedback received to determine if amendments to the draft policies were required. The consultation exercise provided valuable insight into tenant priorities and highlighted areas where additional clarification, guidance or procedural information would be beneficial. Details of the feedback received, and the Page 36
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Council's responses are set out in APPENDIX I, II and III, and a summary is set out for each policy below. 7. ESTATE MANAGEMENT POLICY 7.1 A total of 54 consultees participated in the Estate Management Policy consultation. The consultation feedback demonstrated broad support for the policy. 7.2 The detail of comments received, and responses provided is available at APPENDIX I. The comments returned have been amended to correct grammatical and typing errors. Many respondents supported the aim of maintaining attractive, safe and well-managed estates and highlighted the importance of effective implementation and visible action to uphold standards. Many comments related to operational service delivery rather than the content of the policy itself. Key themes raised through the consultation related to: • Equality, disability and reasonable adjustments o requests for clearer information on how reasonable adjustments are requested, assessed, recorded and reviewed. o calls for greater transparency around Equality Act considerations, decision- making and review processes. o concerns about ensuring vulnerability, support needs and safeguarding issues are considered before enforcement action. • Communication and tenant engagement o requests for clearer explanations of decisions and refusals. o desire for more supportive and transparent communication with tenants. • Estate standards and garden maintenance o concerns about poorly maintained gardens and communal areas. o feedback on the need for consistent enforcement of garden standards. • Enforcement and support o concerns that the policy appears overly authoritative. o requests for a more balanced approach that combines enforcement with support for vulnerable tenants. o feedback that individual circumstances should be taken into account before action is taken. 7.3 The majority of comments were considered to be either: • already addressed within the draft policy; • operational matters managed through separate procedures and service delivery arrangements; or • issues outside the scope of the Estate Management Policy itself. Following consideration of consultation feedback received minor amendments have been made to the final Estate Management Policy, focusing on: • Equality and reasonable adjustments o additional wording confirming disability-related needs and reasonable adjustment requests will be considered in accordance with Equality Act duties and Council policies, procedures and guidance. The policy also confirms that Page 37
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disabled tenants and service users will not be placed at a substantial disadvantage when estate management decisions are made. • Vehicles o explicit inclusion of caravans, motorhomes and trailers within the relevant parking/storage section of the policy. • Vulnerability and support needs o confirmation that individual circumstances and support needs will be considered when responding to breaches of tenancy. Detailed operational arrangements will continue to be supported through procedures and staff guidance. 7.4 The Estate Management Policy is provided at APPENDIX IV for this Committee’s approval with amendments identified in italics. It provides a comprehensive framework for proactive and preventative estate management. The policy promotes tenant participation, partnership working, early intervention and proportionate enforcement whilst supporting safe, attractive and sustainable neighbourhoods. It strengthens: • estate inspections and monitoring; • partnership working; • tenant engagement; • environmental standards; and • proportionate enforcement arrangements. 8. PERMISSIONS POLICY 8.1 The consultation feedback on the draft Permissions Policy demonstrated strong support for a permissions framework that is transparent, consistent and easy to understand. 8.2 The detail of comments received, and responses provided is available at APPENDIX II. The comments returned have been amended to correct grammatical and typing errors. Key themes raised through the consultation related to: • Flexibility in decision making o respondents wanted applications to be considered on their individual merits rather than being subject to automatic refusals. • Equality Act and reasonable adjustments o several comments requested greater clarity on how disability-related needs and requests for reasonable adjustments would be considered. o calls were made for transparent decision-making, clear explanations of rights and greater visibility of Equality Act considerations within the policy. • Flooring permissions o several comments focussed on the requirement for permission for laminate, hardwood and other flooring. • Understanding the reasons for permissions o some respondents questioned why permission is required for certain alterations, including flooring, CCTV systems and video doorbells. • Cat flaps o questions were raised about restrictions on cat flaps and respondents wanted greater flexibility and justification for restrictions. Page 38
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8.3 Following analysis and consideration of the consultation feedback received several amendments have been made to the final Permissions Policy to improve flexibility, clarity and transparency: • Flexibility in decision making o amended to clarify that categories previously described as automatic refusals are requests that would not normally be approved, rather than automatic refusals. o confirmed that exceptional circumstances, including Equality Act obligations and reasonable adjustment requests, will be considered. • Equality Act and reasonable adjustments o added a statement confirming that disability-related needs and requests for reasonable adjustments will be considered in accordance with the Council's Equality Act 2010 duties and relevant corporate procedures. • Flooring permissions o revised and clarified the sections relating to laminate, hardwood and other flooring types. o added greater explanation of how flooring applications will be assessed. • Cat flaps o amended the policy wording to provide a clearer explanation of why cat flaps would not normally be approved, including security, insulation, weatherproofing and asset management considerations. Where appropriate, the feedback will be used to inform the development of the operational procedures and supporting information resources. 8.4 The changes, identified in italics, make the policy more transparent, proportionate and responsive to individual circumstances. The policy provides a clear framework for considering requests, sets out review rights, clarifies when permission is required and supports the protection and effective management of Council housing assets. The Permissions Policy is provided at APPENDIX V for this Committee’s approval. 9. PET POLICY FOR COUNCIL TENANTS 9.1 A total of 77 responses were received to the consultation. Feedback demonstrated broad support for responsible pet ownership within Council housing, with respondents generally agreeing that tenants should be able to keep pets where they do not adversely affect neighbours, communities or the condition of the property. Respondents considered the policy to be clear and easy to understand, and most did not identify any significant areas requiring rewording, removal or further inclusion. Page 39
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9.2 The detail of comments received and responses provided is available at APPENDIX III. The comments returned have been amended to correct grammatical and typing errors. Key themes raised through the consultation included: • existing pets / transitional arrangements o the most common concern was what would happen to pets already living in Council homes. o tenants wanted reassurance that they would not be required to rehome existing pets. • two pet limit o many respondents felt the proposed two-pet limit was too restrictive. o support for assessing applications on individual circumstances rather than applying a strict numerical cap. • animal welfare o respondents frequently emphasised responsible pet ownership and animal welfare. o concerns were raised that some proposals (particularly pet limits and aquarium restrictions) could inadvertently harm animal welfare. • species-specific flexibility o requests for more flexible arrangements for birds, fish, reptiles and other animals. o recognition that different species have different welfare requirements and may need to be kept in groups. • cat flap installation o many respondents opposed the proposed automatic refusal of cat flap requests. o calls for individual assessments rather than a blanket restriction. • assistance dogs, therapy dogs and support animals o requests for stronger recognition of support animals. o respondents requested exemptions from general pet limits where reasonable adjustments are required. 9.3 As part of the policy development process, the Housing Service has been working to gain accreditation with the Dogs Trust. As part of the process the Dogs Trust reviewed the draft Pet Policy for Council Tenants and advised that they considered it thorough and well thought through. Minor comments provided have been reflected in the final policy. 9.4 The comments received through the consultation have informed the final version of the policy. The consultation resulted in several amendments to the final Pet Policy for Council Tenants policy. The policy amendments focused on: • existing pets and transitional arrangements o added clearer provisions explaining how pets already residing in Council properties will be treated when the policy comes into force. o clarified that existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. o clarified that retrospective permission is not required for existing pets. • two pet limit o amended to clarify that the reference to two pets is guidance and a starting point for assessment rather than an absolute limit. Page 40
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o confirmed that applications involving higher numbers of pets will be considered on an individual case basis. • animal welfare o the policy amended to focus on whether an aquarium is suitable for the property and whether appropriate welfare standards can be met. o clarified that the policy does not prohibit all snakes and that only species giving rise to particular safety, welfare or suitability concerns are restricted, with other species considered on a case-by-case basis. • species-specific flexibility o amended to move away from fixed numerical limits for birds. o applications involving birds will now be assessed with regard to species-specific welfare requirements, property suitability and potential impacts on neighbours. • cat flap installation o reworded to clarify that cat flap requests would not normally be approved, rather than being automatically refused. o confirmed that requests will still be considered individually where the Council has legal discretion to do so, including Equality Act considerations. • assistance dogs, therapy dogs and support animals o clarified that support animals will not normally be counted within general pet number guidance where a reasonable adjustment is required. o strengthened references to the Council's duties under the Equality Act 2010 and reasonable adjustments. The amendments strengthen the policy’s focus on animal welfare with a flexible approach that considers the welfare needs of different animals, the suitability of the property and the individual circumstances of each application. 9.5 The Pet Policy for Council Tenants is provided at APPENDIX VI for this Committee’s approval, with amendments identified in italics. It provides a transparent framework for considering requests to keep pets and supports implementation of legislative changes introduced through the Housing (Scotland) Act 2025 which strengthens tenants’ rights to request permission to keep pets and places duties on social landlords when considering requests. It seeks to balance the benefits of pet ownership with the need to protect neighbours, communities and the condition of housing stock. The policy promotes responsible pet ownership and provides clear arrangements for managing and resolving pet-related concerns. 10. FUTURE ACTIONS 10.1 Subject to this Committee’s approval an implementation plan will be developed. This will include: • updating operational procedures; • staff guidance and training; • development / update of application forms and supporting documentation; • revision of tenant information and communication materials; and • publicising changes via the Council’s website and Tenants’ Voice Newsletter. Page 41
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10.2 Implementation will be monitored to ensure consistent application across the Housing Service. 11. SUMMARY OF IMPLICATIONS 11.1 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 X Risk X 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 11.2 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. 11.3 Policy and Legal The Scottish Social Housing Charter sets out standards against which the Scottish Housing Regulator will assess local authorities as part of its inspection regime. 11.4 Financial There are no financial implications arising from this report. The costs of the consultation process can be carried out within existing budgets. Page 42
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11.5 Risk Any risks associated with policy implementation are considered low and will be managed through updated procedures, staff guidance, training and ongoing monitoring. 11.6 Staffing There are no staffing implications arising from this report. 11.7 Best Value and Transformation There are no Best Value or transformation implications arising from this report. 11.8 Property There are no property implications arising from this report. 11.9 Information Communications/Technology/Digital There are no information communications, technical or digital implications arising from this report. 11.10 Equalities, Social Inclusion and Economic Impact Following consultation feedback, the Integrated Impact Assessment (APPENDIX VII) has been updated to reflect consultation feedback. Key amendments include expanded consideration of the positive wellbeing benefits of pet ownership, particularly for disabled people and older residents, together with enhanced assessment of potential impacts relating to age, disability, race and socio-economic disadvantage. 11.11 Climate Change and Biodiversity Impacts There are no climate change or biodiversity implications arising from this report. 12. CONSULTATION 12.1 This report has been prepared in consultation with the Executive Director Education, Housing and Communities, Head of Housing, Property and Communities, Service Manager Housing Strategy, Service Manager Housing Operations, Housing Asset Manager, the Equal Opportunities Officer, G. Anderson, Senior Solicitor and L. Rowan, Committee Services Officer and comments made have been incorporated into the report. 13. BACKGROUND PAPERS 13.1 Estate Management Policy Report 02.02.2005 Estate Management Policy Review 18.06.2026 Page 43
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APPENDIX I Estate Management Policy consultation outcomes We received the following: *One respondent selected both tenant and tenant representative, so these categories overlap. Respondents told us: Yes (%) No (%) Total Do you support the Estate Management Policy? 42 (80.8%) 10 (19.2%) 52 Did you find the revised Estate Management Policy easy to read and understand? 51 (92.7%) 4 (7.3%) 55 Is there a section of the Estate Management Policy that you think should be reworded? 5 (9.1%) 50 (90.9%) 55 Is there anything missing from the Estate Management Policy that you think should be included? 11 (20.4%) 43 (79.6%) 54 Is there anything in the Estate Management Policy that you think should be removed? 4 (7.4%) 50 (92.6%) 54 Response rates vary across questions because respondents were not required to answer every question in the survey. Percentages are based on the number of valid responses received for each individual question. Is there a section of the revised Estate Management Policy that you think should be reworded? Please tell us what you would like reworded. Responses from tenants 54 Responses from tenant /tenant rep 2* Responses from others 2* Comments received Housing Service Response/Action Sections 6 and 18 should be strengthened to explain how reasonable adjustments will be identified, assessed, recorded and reviewed. The policy currently states that reasonable adjustments will be made and support needs considered, but it does not explain the process, timescales, decision-making criteria or review rights available to disabled tenants. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs and requests for reasonable adjustments will be considered. While the Estate Management Policy is not intended to set out detailed procedural or operational requirements, decisions involving disability- related needs will be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. Page 45
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Comments received Housing Service Response/Action The Housing Service does not routinely reproduce detailed procedural requirements within individual tenancy policies. Equality Act assessments, recording of decisions, reasonable adjustment requests, reviews and complaints are governed through corporate procedures that apply consistently across all Council services. The policy therefore confirms the Council's legal duties without duplicating those procedures. The policy will be amended to include a brief statement confirming that disability-related needs and reasonable adjustment requests will be considered in accordance with the Council's Equality Act 2010 duties and relevant procedures. Detailed matters such as assessment processes, recording requirements, communication arrangements and review procedures will continue to be addressed through separate Council procedures and staff guidance. Policy amendment. legally as long as a vehicle is sorned it is not abandoned" While a SORN, declaration does not automatically mean a vehicle is abandoned, it does not prevent the Council from investigating a vehicle where there are concerns that it has been abandoned or is causing a nuisance. The current policy wording refers to investigation before action is considered. No policy change. doesn't matter you won’t listen.... electric vch points for mid terrace houses this means you will have to allocate parking spaces The Estate Management Policy is intended to set standards for estate management and tenancy responsibilities rather than determine future charging infrastructure or parking allocation arrangements. Provision of Page 46
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Is there anything missing from the revised Estate Management Policy that you think should be included? please tell us what you think should be included. Comments received Housing Service Response/Action EV charging facilities and parking allocation arrangements are outside the scope of this policy. No policy change. What you going to do to support rescue centres? The Estate Management Policy relates to the management of council housing estates and tenancy responsibilities. Matters relating to animal rescue organisations and support arrangements fall out with the purpose and scope of the Estate Management Policy. No policy change. Comments received Housing Service Response/Action Compensation for my time. The consultation included an optional prize draw to encourage participation, rather than individual compensation. Payment arrangements are not part of the Estate Management Policy. No policy change. Action taken against private owners whose properties negatively affect the surrounding areas and neighbours. Section 13.4 explains the Council's approach where owners' gardens create a nuisance. The policy also reflects the legal limitations on the Council’s enforcement powers relating to private ownership. No policy change. How many estate caretakers are there to cover the whole of Moray? Staffing levels are reviewed periodically and are determined by service demand, available resources and operational priorities. These arrangements are separate to the Estate Management Policy. No policy change. The policy should include: • A clear procedure for requesting reasonable adjustments under the Equality Act 2010. The Housing Service recognises the importance of ensuring that tenants understand how disability related needs, support requirements and requests for reasonable adjustments will be considered. Page 47
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Comments received Housing Service Response/Action • A requirement for officers to record Equality Act considerations and the reasons for decisions affecting disabled tenants. • A requirement to consider disability, vulnerability, safeguarding concerns and support needs before enforcement action is taken. • Clear timescales for reviews and complaints. • A requirement that tenants receive written reasons where requests, adjustments or reviews are refused. • Stronger provisions on accessible communication, including support for people with cognitive, neurological or mental health impairments. These additions would improve transparency, accountability and consistency while supporting the policy's stated commitment to equality and tenant participation. The Estate Management Policy establishes the overall policy framework rather than detailed operational procedures. Decisions involving disability-related needs will continue to be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. To improve transparency, the policy will be amended to include a clear statement confirming that disability related needs and requests for reasonable adjustments will be considered in accordance with the Council's Equality Act duties and supporting procedures. Detailed arrangements relating to assessment, recording of decisions, communication methods, reviews and complaints will continue to be managed through corporate procedures and staff guidance. Policy amendment. Estate manager should talk to Tennant face 2 face instead of harshly worded letters. The Housing Service aims to resolve issues through early engagement and proportionate action using the most appropriate method of communication. The policy promotes clear communication and early intervention. Where appropriate and practicable, estate management staff will try to engage with residents to discuss concerns before considering issuing of letters. However, the most appropriate approach will depend on the circumstances of each case, including the nature and urgency of the issue. This operational approach is managed through service procedures rather than the Estate Management Policy. No policy change. Page 48
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Comments received Housing Service Response/Action Dogs’ faeces to be removed from owners’ gardens and disposed of appropriately. Would it be appropriate to have contact details for the wardens to highlight specific areas for concern? The policy already contains provisions relating to dog fouling and allows escalating action where persistent issues occur. Information on how to report dog fouling concerns is available through the Council's website rather than within the policy. No policy change. The lack of follow up after an issue in the maintenance has been discovered. Seagull relocation, as each year they nest on my roof and each year the nest is never removed. Which results also in the guttering being clogged. Repairs and pest issues are managed through separate policies and procedures. No policy change. Operational issue managed through separate procedures and legislation. No policy change. Where there is reference to parking of caravans this should include trailers and motor homes. The Scottish Secure Tenancy Agreement already refers to vehicles, caravans and trailers and requires tenants to obtain permission where appropriate. The draft Estate Management Policy already references caravans and motorhomes or similar vehicles. To improve consistency between the policy and tenancy agreement, Section 16.7 will be amended to refer to caravans, motorhomes and trailers. Policy amendment. you need to be a lot more mindful about putting the wrong person above a vulnerable tenant IE as in noisy tenants and drug users. The Housing Service is committed to considering individual circumstances, including vulnerability, when managing estate-related issues. The policy states that support needs and individual circumstances will be considered before enforcement action. Additional reference will be added to supporting procedures to reinforce consideration of vulnerability and support requirements when investigating complaints. Page 49
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Is there anything that you think should be removed from the revised Estate Management Policy? Please tell us what you think should be removed. Comments received Housing Service Response/Action No policy change Moray Council will pay to re home animals. Responsibility for the care and rehoming of pets remains with the animal owner. The Estate Management Policy is not intended to suggest that animals are rehomed. No policy change When cutting the grass, they should be cutting back the trees. Trees at front and back of my property towers over the height of my house The Estate Management Policy sets out the overarching framework for decision making. Grounds maintenance and tree management are delivered in accordance with separate inspection, maintenance and risk management procedures. Requests regarding specific trees can be reported to the appropriate Council service for assessment. No policy change Should the council consider charging where motor homes trailers and caravans are stored on public highways maintained by the council. Outside the scope of the Estate Management Policy and subject to wider legal and roads considerations. No policy change. Comments received Housing Service Response/Action see above" (regarding EV charging / parking concerns) EV charging infrastructure is not specifically addressed by the policy. No policy change. if you wish tenants support, make the document appear less authoritarian ... checking people’s gardens seriously that just sounds creepy The Housing Service appreciates that some wording may appear formal. The policy has been drafted to explain the Council's responsibilities while ensuring any inspections are reasonable and proportionate. The policy already states that visits will be reasonable and proportionate. No policy change. Helping to support Disabled Tenants is a lie. As someone with disabilities and having received letters about the condition of my garden (gravel with weeds) I was informed Individual cases are considered under separate operational procedures and cannot be determined through the consultation process. Page 50
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Do you have any other comments on the revised Estate Management Policy? the Council only do grass cutting and if they were to do work to remove the weeds it would cost over £270 The Housing Service recognises that individual experiences may differ and is committed to ensuring disability-related needs, reasonable adjustment requests and support requirements are considered in accordance with the Equality Act 2010 and relevant procedures. Assistance requests are assessed on a case-by-case basis, taking account of individual circumstances and available services. The policy includes commitments relating to equality, reasonable adjustments and consideration of support needs. No policy change. Yes, bin it The Housing Service is required to have arrangements in place to manage estates and communal environments and therefore requires an Estate Management Policy. No policy change. Comments received Housing Service Response/Action Hopefully it is upheld, some of the council areas are a disgrace and an embarrassment to Moray Council The Council has a responsibility to monitor compliance with tenancy conditions and maintain estate standards. No policy change Provide tenants with reasonably kept gardens at the time of taking a tenancy if you expect them to maintain the gardens going forwards or provide tenants with the financial means to bring the garden into a reasonable state to enable it to be maintained. The Housing Service already operates a Letting Standard which requires gardens to be free from rubbish and debris, to be in a manageable condition, have grass cut and overgrown shrubs or hedges cut back prior to a tenancy commencing. The Estate Management Policy does not duplicate these requirements as they are contained within the Lettings Standard. No policy change. No Thank you for taking the time to participate in the consultation. No policy change. How many estate caretakers are there to cover the whole of Moray? Staffing levels are reviewed regularly to reflect service demand. This is done separately from policy development. Page 51
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Comments received Housing Service Response/Action No policy change. The revised policy contains positive commitments regarding equality, reasonable adjustments, communication and tenant participation. However, the policy would benefit from clearer procedures explaining how these commitments will be implemented in practice. In particular, there should be greater emphasis on recording Equality Act considerations, documenting decisions affecting disabled tenants, providing written reasons for refusals, and ensuring that vulnerability and support needs are fully considered before enforcement action is taken. Transparency and accountability are just as important as enforcement powers. Thank you for your comments. The Housing Service is committed to meeting its duties under the Equality Act 2010 and ensuring that decisions are made fairly, consistently and with regard to individual circumstances, including disability, vulnerability, safeguarding concerns and support needs. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs and requests for reasonable adjustments will be considered. While the Estate Management Policy is not intended to set out detailed procedural or operational requirements, decisions involving disability-related needs will be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. The Housing Service does not routinely reproduce detailed procedural requirements within individual tenancy policies. Equality Act assessments, recording of decisions, reasonable adjustment requests, reviews and complaints are governed through corporate procedures that apply consistently across all Council services. The policy therefore confirms the Council's legal duties without duplicating those procedures. The policy will be amended to include a brief statement confirming that disability-related needs and reasonable adjustment requests will be considered in accordance with the Council's Equality Act 2010 duties and relevant procedures. Page 52
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Comments received Housing Service Response/Action Detailed matters such as assessment processes, recording requirements, communication arrangements and review procedures will continue to be addressed through separate Council procedures and staff guidance. Policy amendment. The council does as they want. The Housing Service is committed to applying the policy consistently and proportionately. Feedback on service delivery is valuable and helps inform ongoing service improvement. No policy change. How much did this cost? The policy review was undertaken as part of normal Housing Service business activity. No policy change. Yes, Moray Council hold the standards for Gardens at a much higher level than they do for public areas managed by MC. Pavements, Roadsides and green areas all overgrown with weeds, but it comes under a different department so nobody cares yet they will inspect Gardens that can only be seen by entering them. Tens of thousands wasted every year on keeping Tenants up to standard that's MC themselves don’t adhere to. The Council recognises that different services have responsibility for different areas of land and maintenance standards. The Estate Management Policy focuses on tenancy responsibilities and estate standards within housing management areas. Concerns relating to public roads, pavements or grounds maintenance are managed through separate Council services. No policy change. Sheds rented by the moray council should be checked annually to make sure they are being used accordingly and not for to be used as a junk store as I know many neighbours who are renting them when they don’t need them and other people could benefit from renting them rather than junk holders as these sheds are useful for storing cars while neighbours hoard junk in them. The Housing Service recognises the concern that Council-owned rented sheds should be used for their intended purpose. Estate inspections and tenancy management activities already provide opportunities to identify potential misuse and investigate breaches of tenancy conditions where appropriate. Inspection frequencies and operational arrangements are managed through service procedures rather than the Estate Management Policy. No policy change. Page 53
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Comments received Housing Service Response/Action Re parking – no of cars per household?? Abusive encounters when new tenants arrive on the street, access through other household paths to ensure safe & emergency access at all times. The Housing Service recognises that parking pressures, inappropriate vehicle use, neighbour disputes and obstruction of access routes can affect residents' enjoyment of their homes and communities. The Estate Management Policy promotes considerate parking and allows action to be considered where nuisance, obstruction or safety concerns arise. The Housing Service expects residents and visitors to avoid obstructing footpaths, access routes and areas required for emergency access. Concerns about neighbour disputes, including reports of abusive or intimidating behaviour, will be considered under the Council's wider tenancy management and antisocial behaviour policies and procedures where appropriate. Introducing a specific limit on the number of vehicles per household is not proposed, as vehicle ownership does not necessarily result in nuisance or obstruction. Concerns will continue to be assessed on a case-by-case basis, taking account of the circumstances and any impact on other residents. No policy change. Parking in communal car parks is ok in daytime overnight parking is a problem. The policy provides a framework for addressing nuisance parking where appropriate. No policy change. Rip it up The Housing Service is required to maintain an Estate Management Policy to support estate standards, tenancy responsibilities and community wellbeing. The policy has been reviewed and updated following consultation. No policy change. The section about gardening upkeep is explanatory enough but never seems followed up on. There are several gardens in Kingsmills that are in a terrible state, but nothing is ever done. Action that the service can take, will depend on who owns the property. Where properties are Council-owned, the Housing Service will investigate concerns relating to breaches of tenancy conditions and take proportionate action where appropriate. Action in relation to privately owned properties Page 54
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Comments received Housing Service Response/Action may be more limited depending on the circumstances and available powers. No policy change I think if a tenant has been renting property after 20 years should be able to buy house, also I think if tenant buys new kitchen, bathroom etc council should instal, also I have walls in my living room that needs re plastered due to state of walls from previous tenants. Tenant SHOULD NOT HAVE TO PAY FOR SOMEONE TO FIX The Right to Buy ended on 1 August 2016. The matters raised relate to wider housing policy, property improvements and repairs responsibilities rather than estate management. Information on tenants' rights, repairs and improvements is covered through separate policies and procedures. No policy change. Trees need to be cut back and fences around your property should be fixed waiting nearly a year to get fence and gate fixed all rotten and broken Repairs to fences, gates and the management of trees are dealt with through separate inspection, maintenance and repairs processes. Specific repair concerns should be reported through the Council's normal repairs reporting procedures. No policy change. The policy as set out is clear and concise, I appreciate the council efforts in continually maintaining communal areas. I am an elderly tenant and find it disheartening that despite maintaining my own property and communal area to a high standard younger neighbouring tenants show no respect and damage their property to continued Council expense. The what it covers section will only work if action can be upheld to prevent these issues Thank you for your comments. The Housing Service recognises the importance of maintaining estate standards and supporting tenants who take pride in their homes and communities. The policy provides a framework for early intervention and proportionate action where tenancy conditions are not being met. No policy change. Page 55
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APPENDIX II Permissions Policy consultation outcomes We received the following: * One respondent identified themselves as both a tenant and a tenant representative. Respondents told us: Yes (%) No (%) Total Do you support the Permissions Policy? 28 (77.8%) 8 (22.2%) 36 Did you find the Permissions Policy easy to read and understand? 35 (89.7%) 4 (10.3%) 39 Is there a section of the Permissions Policy that you think should be reworded? 11 (28.2%) 28 (71.8%) 39 Is there anything missing from the Permissions Policy that you think should be included? 5 (12.8%) 34 (87.2%) 39 Is there anything in the Permissions Policy that you think should be removed? 5 (12.8%) 34 (87.2%) 39 Not all respondents answered every question. Percentages are based on the number of responses received for each question rather than the total number of consultation responses. Is there a section of the revised Permissions Policy that you think should be reworded? Please tell us what you would like reworded. Responses from tenants 39 Responses from tenant /tenant rep 1* Responses from others 0 Comments received Housing Service Response/Action That all tenants have to adhere to this policy and people who disregard the permissions requirements they will be fined. The policy applies to all tenants. Enforcement action for breaches will be considered in line with tenancy conditions and the Council's enforcement procedures. No change required, as financial penalties are not a standard outcome under the policy. No policy change. Section 7.3 should be amended so that requests are assessed on a case-by-case basis. While some requests may normally be unsuitable, there should The Housing Service accepts the concern regarding automatic refusals. Page 57
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Comments received Housing Service Response/Action remain scope to consider individual circumstances, disability-related needs and Equality Act obligations. The policy will be amended to clarify that the listed categories represent requests that would not normally be approved due to property, safety or asset management considerations. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. Policy amendment It needs to be added that all buildings outside should be kept in a reasonable manner. Having sheds /outbuildings that are completely unsafe is not appropriate at all. This is something I have seen first hand. Thank you for your comments. The Housing Service agrees that sheds and outbuildings should be maintained in a safe and reasonable condition. These matters are addressed through tenancy conditions and estate management arrangements rather than the Permissions Policy. No policy change. laminate flooring should be considered in the same way carpet and vinyl is The policy wording relating to floor coverings will be reviewed to ensure the requirements for laminate flooring are clear and reflect considerations such as noise transmission, property type and individual circumstances. Policy amendment Section 14 of the easy read version has the word permission twice Thank you for identifying this drafting error. The easy read version will be amended. Could be made simpler and more direct. The policy has been reviewed to ensure it is as clear and concise as possible. An easy to read version of the policy is also available to assist and improve readability. No policy change. Are you paying the kennel fees to rehome? The Permissions Policy relates to alterations, improvements and changes that require landlord consent and does not cover animal welfare matters, pet ownership costs, rehoming arrangements, kennel fees or rescue centre expenses. These are considered separately through the Council's Pet Policy Page 58
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Comments received Housing Service Response/Action for Council Tenants and relevant tenancy management procedures. The Housing Service recognises that tenants may have differing views on issues relating to pets and animal welfare; however, these matters fall out with the scope of this policy. No policy change. Where you say it is now needed to lay flooring which I personally don’t think should be as we are only trying to make the homes better The Housing Service recognises that many tenants want to improve their homes through the installation of alternative flooring. Permission is required because flooring can affect noise transmission, property condition, future maintenance responsibilities and neighbouring residents, particularly in flats. The policy wording will be reviewed to ensure the reasons for requiring permission are clearly explained. Policy amendment. 14. What happens if permission you grant permission? Should this not read "What happens if you grant permission? Thank you for identifying this drafting error. The wording in Section 14 will be corrected to read "What happens if you grant permission?" in the easy read version. Policy amendment. Section 14 title on easy read is incorrectly written (repeated words) Thank you for alerting us to the typo. The repeated wording in Section 14 of the easy read version will be corrected. Policy amendment. The impact on shared property needs to address issues such as an elderly tenant having to at my own expense provide my own clothes airer because of disrespect by younger council tenants not allowing me to safely use the one provided The Housing Service acknowledges the concerns raised regarding the use of shared facilities in communal areas. These matters relate to tenancy management and the behaviour of residents rather than permissions for alterations or improvements. Concerns of this nature can be reported to the Housing Service for investigation under relevant tenancy management procedures. No policy change. Page 59
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Is there anything missing from the revised Permissions Policy that you think should be included? please tell us what you think should be included. Comments received Housing Service Response/Action Communal gardens and how and what we as tenants are allowed to do And in communal areas for pets to be kept on leads and not extending ones in open community areas as many a time been greeted by a dog on opening the front door The Permissions Policy relates specifically to alterations and improvements requiring landlord consent. Management of communal areas and responsible pet ownership are addressed through tenancy conditions and the Estate Management Policy, Pet Policy for Council Tenants and other housing management procedures. No policy change. The policy should contain a clear procedure for requesting reasonable adjustments under the Equality Act 2010, including timescales, written reasons for decisions, review rights and a requirement to record Equality Act considerations. This would improve transparency and accountability and help ensure disabled tenants receive consistent treatment. While detailed operational procedures will continue to be managed through separate guidance, the Housing Service acknowledges the importance of transparency. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs and requests for reasonable adjustments will be considered. While the Permissions Policy is not intended to set out detailed procedural or operational requirements, decisions involving disability-related needs will be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. The Housing Service does not routinely reproduce detailed procedural requirements within individual tenancy policies. Equality Act assessments, Page 60
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Comments received Housing Service Response/Action recording of decisions, reasonable adjustment requests, reviews and complaints are governed through corporate procedures that apply consistently across all Council services. The policy therefore confirms the Council's legal duties without duplicating those procedures. The policy will be amended to include a brief statement confirming that disability-related needs and reasonable adjustment requests will be considered in accordance with the Council's Equality Act 2010 duties and relevant procedures. Detailed matters such as assessment processes, recording requirements, communication arrangements and review procedures will continue to be addressed through separate Council procedures and staff guidance. Policy amendment. Upkeep of outbuildings. The condition and upkeep of outbuildings is managed through tenancy conditions rather than the Permissions Policy. No policy change. When work is carried out by the council it should be to the same or an improved standard than what is being upgraded - recent work done to kitchen, bathroom, heating & garden fence has highlighted this to me. This comment relates to the planned maintenance and capital investment programmes rather than the Permissions Policy. No policy change. We will cover all rescue centre costs. The Permissions Policy relates to alterations, improvements and changes requiring landlord consent. Rescue centre costs and arrangements for animals fall outside the scope of this policy and are not addressed within housing permissions procedures. No policy change. Page 61
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Is there anything that you think should be removed from the revised Permissions Policy? Please tell us what you think should be removed. Comments received Housing Service Response/Action Remove or amend the provision for automatic refusals in Section 7.3. While some requests may normally be unsuitable, all applications should remain subject to individual assessment, particularly where disability- related needs or Equality Act considerations may apply. Automatic refusal policies risk creating unfair outcomes and may conflict with the policy's commitment to reasonable adjustments and individual assessment. Section 7.3 identifies categories of alterations and improvements that would not normally be approved because of health and safety, property suitability, legislative requirements or impacts on neighbouring residents. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and requests for reasonable adjustments. The policy will be amended to clarify that these categories would not normally be approved rather than representing absolute restrictions. Policy amendment. see above laminate, hardwood and vinyl are better health wise for those with certain aliments The comments regarding flooring types are noted. The policy wording will be reviewed to ensure the role of property type, noise transmission, health needs and accessibility considerations is clearly explained. Policy amendment. All of it The Housing Service has considered all feedback received as part of the consultation process when reviewing the draft policy. No specific policy amendment has been identified from this comment. No policy change. Permission for flooring and also CCTV and doorbells as these are for tenants’ safety and look out for cars etc. The Housing Service recognises that flooring, CCTV systems and video doorbells can provide benefits to tenants. However, permission is required because installations may affect the property, neighbouring residents, privacy considerations, building fabric and future maintenance obligations. Requests will continue to be assessed in accordance with the policy. No policy change. Page 62
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Do you have any other comments on the revised Permissions Policy? What’s wrong with laminate floor on the ground floor of a house since it can be easily removed? The Housing Service acknowledges that laminate flooring in ground floor houses may present fewer noise concerns than in upper-floor properties. The policy wording will be reviewed to clarify how flooring requests are assessed, taking account of property type, noise transmission, health needs and practical asset management considerations. Policy amendment. Comments received Housing Service Response/Action Why are cat flaps not allowed? It seems strange when many older tenants have a cat Cat flaps can affect security, insulation, weatherproofing, repair liabilities and long-term asset management. The policy will be amended to clarify that cat flap requests would not normally be approved due to property, safety or asset management considerations, however each application will continue to be considered individually where the Council has legal discretion to do so. Policy amendment. My neighbour has drilled through the gable end of the new house to install a satellite dish. They have put nails through the divider fence to allow them to double fence, and they have finally placed chuckies on the front garden without permission nor any action being taken against them. This comment relates to an individual tenancy management matter rather than the content of the Permissions Policy. The respondent would be encouraged to report these concerns directly to the Housing Service for investigation. No policy change. Overall, the Permissions Policy is clear, easy to understand and provides useful protections for tenants, including written decisions within 28 days, reasons for refusal, review rights and deemed consent where a decision is not issued within the statutory timescale. However, the policy would benefit from clearer guidance on how Equality Act duties and reasonable Thank you for your positive feedback and detailed comments. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs and requests for reasonable adjustments will be considered. While the Permissions Policy provides the overarching framework for decision making. It is not intended to set out detailed procedural or operational Page 63
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Comments received Housing Service Response/Action adjustments will be applied in practice. Consideration should be given to including a formal process for requesting reasonable adjustments, recording Equality Act considerations, providing written reasons for decisions affecting disabled tenants and ensuring that accessibility needs are assessed before permissions are refused. This would improve transparency, consistency and accountability for both tenants and the Housing Service. The policies repeatedly state that Moray Council will comply with the Equality Act 2010, make reasonable adjustments and consider accessibility needs. However, none of the policies explains how these duties will be implemented, recorded, reviewed or challenged in practice. Consideration should be given to introducing a consistent, reasonable adjustment process across all housing policies. requirements, decisions involving disability-related needs will be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. The Housing Service does not routinely reproduce detailed procedural requirements within individual tenancy policies. Equality Act assessments, recording of decisions, reasonable adjustment requests, reviews and complaints are governed through corporate procedures that apply consistently across all Council services. The policy therefore confirms the Council's legal duties without duplicating those procedures. The policy will be amended to include a brief statement confirming that disability-related needs and reasonable adjustment requests will be considered in accordance with the Council's Equality Act 2010 duties and relevant procedures. Detailed matters such as assessment processes, recording requirements, communication arrangements and review procedures will continue to be addressed through separate Council procedures and staff guidance. Policy amendment. The council will always do as they would like. Not what the tenant would like to happen. The Housing Service understands that some tenants may feel concerned about whether their views influence Council decisions. The purpose of the consultation was to gather feedback and identify areas where the draft policy could be improved. As a result of the consultation, a number of amendments have been made to the Permissions Policy. The Housing Service is committed to making fair, transparent and evidence- based decisions while balancing the interests of individual tenants, neighbours and the wider housing stock. The policy includes written Page 64
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Comments received Housing Service Response/Action decisions, reasons for refusal and review rights to support accountability and fairness. No policy change. Whoever wrote this has not a clue about animal welfare and a jobs worth Thank you for providing feedback. The Housing Service recognises that views may differ on the balance between animal welfare considerations, tenancy management responsibilities and the long-term management of Council housing stock. The policy has been developed to provide a consistent and transparent framework for decision making. No policy change. There was nothing wrong with the last housing policy. Nothing will get done anyway, you spend money on things you do not need, you should spend the money on new high fences between the neighbours, clean up all the weeds etc. Was someone bored and stupid to come up with this rubbish, we all keep ourselves to ourselves, and just get on with things. The thing is you are all talk and nothing will get done, So this new housing policy is just a waste of time. You have no money anyway to do anything. You like to spend money on things you do not need. So like I say it is all talk, you will not do anything about the feedback. I have nothing more to say about your housing policy, I am done. Thank you for your comments. The review of the Estate Management Policy and development of the standalone Permissions Policy was undertaken to ensure compliance with current legislation, good practice and tenancy requirements, and to provide greater clarity for tenants and staff. Feedback received through the consultation process has been considered and, where appropriate, amendments have been made to the policy. No policy change. Very clear and straightforward to follow. Thank you for your positive feedback. No policy change. No Noted. Thank you for taking the time to participate in the consultation. No policy change Page 65
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APPENDIX III Page 66
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Pet Policy for Council Tenants consultation outcomes We received the following: Respondents told us: Yes (%) No (%) Total responses Do you support the Pet Policy for Council Tenants? 52 (69.3%) 23 (30.7%) 75 Did you find the Pet Policy for Council Tenants easy to read and understand? 70 (90.9%) 7 (9.1%) 77 Is there a section of the Pet Policy for Council Tenants that you think should be reworded? 15 (19.7%) 61 (80.3%) 76 Is there anything missing from the Pet Policy for Council Tenants that you think should be included? 20 (26.3%) 56 (73.7%) 76 Is there anything in the Pet Policy for Council Tenants that you think should be removed? 15 (19.5 %) 62 (80.5%) 77 Note: Response totals vary slightly between questions as respondents could choose not to answer individual questions. Is there a section of the revised Pet Policy for Council Tenants that you think should be reworded? Please tell us what you would like reworded? Responses from tenants 72 Responses from tenant /tenant rep 4 Responses from others 5 Comments received Housing Service Response/Action That existing pets before the policy is put in place are automatically authorised The Housing Service recognises the concerns raised by existing pet owners. The policy will be amended to clarify how existing pets will be treated when the policy comes into force. Existing pets will not normally be required to be removed solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Policy amendment Page 67
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Comments received Housing Service Response/Action 7.8 reads 'except those set out in 7.4' should this read. 7.5??? This appears to be a drafting error and will be corrected in the final version of the policy. Policy amendment We really take care of our pets, but we are well above the stated amount. My eldest cat is 19 years old and is coming to the end of her life. I have no issue as such, as they naturally live out their years reducing the number. However, it needs to be stated that those with an excess of 2 pets prior to the policy being implemented will be allowed to keep them. To rehome mine would be like cutting off a limb. I can provide proof that I have an excessive insurance for all my animals. 2 have been under specialist care. I have cat safe fencing which ensures that my animals do not annoy the neighbours and my dog is walked, loved and cared for. The Housing Service appreciates the concerns raised and recognises the importance of pets to many households. The policy will be amended to clarify how existing pets will be treated when the policy comes into force and to explain any transitional arrangements that apply to current tenants. The purpose of the policy is not to require responsible tenants to rehome established pets where there are no significant concerns relating to nuisance, property condition or animal welfare. Policy amendment The current legal action against the tenant should be more clearly defined. Legal action unrelated to pet ownership, animal welfare or tenancy management should not automatically be considered a relevant factor when assessing a pet application. Permission to install a cat flap will automatically be refused.????? The policy will be amended to clarify that this refers to tenancy management matters, such as tenancy enforcement action, antisocial behaviour proceedings, breaches of tenancy conditions or animal welfare concerns. It is not intended to include legal matters unrelated to the tenancy or the keeping of pets. Each application will continue to be assessed on its own merits and on a case-by-case basis. Policy amendment Cat flaps typically require alterations to external doors or other building elements, which can affect security, weatherproofing, insulation, fire safety Page 68
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Comments received Housing Service Response/Action A blanket automatic refusal sits awkwardly with the rest of the policy, which repeatedly says applications will be considered individually. performance and the long-term condition of Council assets. They can also result in additional repair, maintenance and replacement costs when tenancies end. The policy will be amended to clarify that the cat flap requests would not normally be approved due to property, safety or asset management considerations, however each application will continue to be considered individually where the Council has legal discretion to do so. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. Policy amendment. All of it if the council has a policy just for tenants what about private tenants Noted. This policy applies only to Council tenancies and relates to the Council's responsibilities as a social landlord. The Housing Service has no authority to regulate pet ownership arrangements within privately rented accommodation. No policy change. "dogs must wear a collar with a name tag displaying the owner’s name and address when outside the home (a phone number is recommended)" It is almost impossible to have this at all times as they are so flimsy and always fall off, never to be found again. Also, when outside the home does this mean even in the garden, I think more clarity is needed here. This requirement reflects existing legal obligations rather than a new requirement introduced by the policy and has been included to help tenants understand their responsibilities as pet owners. This requirement for a dog to wear a collar is set out in The Control of Dogs Order 1992. Subject to the exceptions listed in the Order “every dog while in a highway or in a place of public resort shall wear a collar with the name and address of the owner inscribed on the collar or on a plate or badge attached to it.” This applies to dogs when they are in a public space and would not normally include a private garden which is for the tenant's sole use. No policy change. Page 69
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Comments received Housing Service Response/Action I strongly feel that every bitch should be allowed 1 litter of pups before spaying and unless there has been more than 1litter then 1 should be allowed to do so with written proof that when the bitch has been spayed after the litter then proof of that should be given to the council The policy seeks to promote responsible pet ownership and discourage breeding activity within Council properties. Decisions regarding neutering remain matters for pet owners and their veterinary professionals. Advice regarding neutering will remain guidance rather than a mandatory requirement. No policy change. In the policy it states snakes should be prohibited. Is that all snakes? And why? Also, why only up to 2 pets? Is that overall? The policy does not prohibit all snakes. Restrictions relate only to animals considered unsuitable due to safety, welfare or property management considerations, including venomous snakes and large constrictor species. Other snakes may be considered under the policy, with applications assessed on a case-by-case basis, taking account of the suitability of the property and the welfare needs of the animal. No policy change. The Housing Service accepts that greater clarity is required regarding the reference to two pets. The proposed limit of two pets is intended to provide a reasonable and proportionate starting point when assessing applications to keep pets in Council housing. In general, larger numbers of pets can increase the likelihood of nuisance, noise, fouling, odours, damage to property and animal welfare concerns. The limit also reflects the fact that many Council properties have limited indoor and outdoor space. The policy will be amended to make clear that two pets represent a general guide and starting point for assessment rather than an absolute cap. Applications will continue to be considered on their own merits. Policy amendment. Page 70
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Comments received Housing Service Response/Action About bird keeping and if the birds are breeding but selling the youngsters if it's ok to keep more than one pair The Housing Service recognises that some bird species may be responsibly kept in groups larger than one pair and that welfare considerations differ between species. The policy will be amended to clarify that applications involving birds will be considered having regard to species-specific welfare requirements, property suitability and any potential impact on neighbours rather than a fixed numerical limit. The policy is not intended to prohibit incidental or occasional breeding. However, breeding for commercial purposes or operating a breeding business from a Council property will not be permitted. Policy amendment. 1. Reconsider the Blanket Cat Flap Ban (Section 8.8) "The policy states that permission to install a cat flap will automatically be refused. This blanket ban directly conflicts with the policy’s stated objective to support animal welfare and 'outdoor cats' (Section 8.3). It may force tenants to leave windows open (a security and heating risk) or trap cats indoors. The council should instead allow professional installations that must be reinstated or capped at the end of the tenancy." 2. Clarification on "Grandfathering" Existing Pets "The draft does not explicitly outline a 'grandfather clause' for current tenants who may already 1. The Housing Service recognises the benefits of cat flaps for some pet owners. However, cat flaps require alterations to external doors and can affect security, insulation, weatherproofing and the condition of Council properties. The policy will be amended to clarify that the cat flap requests would not normally be approved due to property, safety or asset management considerations, however each application will continue to be considered individually where the Council has legal discretion to do so. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. Policy amendment 2. The Housing Service recognises concerns regarding existing pets and the policy will be amended to provide greater clarity regarding transitional arrangements and existing pet ownership. Page 71
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Comments received Housing Service Response/Action responsibly own more than two pets, or who have already made alterations. The final policy should clarify that existing pet arrangements, if causing no nuisance, are automatically exempted or approved upon implementation." 3. Clearer Definition of "Small Tank" limits (Section 7.5) "Section 7.5 sets a 21-litre limit for a small aquarium without needing permission. For context, a standard fish tank recommended by welfare charities for basic fish keeping is often 40–60 litres. A 21-litre limit is incredibly restrictive and might inadvertently penalise responsible fish keepers keeping small, low-impact setups." Policy amendment. 3. Noted and agreed. The proposed aquarium threshold will be removed. The policy will instead refer to a domestic aquarium of a size and weight suitable for the property, with welfare requirements met in accordance with recognised good practice. Policy amendment. In regard to fish keepers, I believe this should be adjusted. A tank 21litres or smaller is not humane to keep any fish in. Only shrimp or snails should be kept in an aquarium this size. I do not think permission should be sought for a tank unless it is a larger tank, 200L or more due to concerns for animal welfare. People may be reluctant to seek permission out of fear they will be rejected and will house their fish in an unsuitable sized tank. Too many fish are ill-treated as it is. The policy will be amended to remove the proposed litre threshold and instead focus on property suitability, structural considerations and animal welfare requirements. Policy amendment. All of it The Housing Service has considered all comments received as part of the consultation. The policy has been developed to provide a consistent framework for responsible pet ownership within Council housing. No policy change. Page 72
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Comments received Housing Service Response/Action Why state multiples The Housing Service recognises that some species, particularly birds and certain small animals, may be more appropriately kept in compatible groups to meet welfare needs. The policy uses the term "multiples" to reflect this and avoid creating unintended restrictions based on a fixed number of animals. Applications will continue to be assessed on their individual merits having regard to animal welfare, property suitability and any impact on neighbours. No policy change. Bird hobbyist should be allowed to keep a certain number of birds and allow breeding as long as the premises are kept clean and the birds are in good health and they sell the youngsters The Housing Service recognises that some bird species may be responsibly kept in groups larger than a single pair and that welfare considerations differ between species. The policy will be amended to clarify that applications involving birds will be considered with regard to species-specific welfare requirements, property suitability and any potential impact on neighbouring residents rather than a fixed numerical limit. However, breeding for commercial purposes or operating a breeding business from a Council property will not be permitted. Policy amendment. Comments received Housing Service Response/Action 1. Failure to Distinguish Between Dangerous and Harmless Exotic Species is a huge oversite by the Moray council. The draft pet policy’s blanket restriction on "snakes and spiders" relies on generalised public anxiety rather than herpetological and entomological facts. While regulation is necessary, a clear distinction must be made between genuinely dangerous, high-risk animals and harmless, captive-bred species. Common hobby species like Ball Pythons, Western Hognose snakes, and New World tarantulas pose absolutely zero structural danger to council housing, create zero noise, and present negligible risk to public safety. The Housing Services thanks you for the detailed submission and recognises the concerns raised regarding the treatment of exotic species, reptile welfare, enclosure sizes and existing pet ownership arrangements. The policy is not intended to prohibit all reptiles, snakes or invertebrates. Restrictions are aimed at animals that may present significant safety, welfare, property management or legal concerns. Page 73
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Comments received Housing Service Response/Action 2. The Biological Distinction: New World vs. Old World Tarantulas To regulate invertebrates fairly and safely, the policy must distinguish between the two main categories of tarantulas kept in the UK hobby: • New World Tarantulas (from the Americas): The vast majority of pet tarantulas (such as Aphonopelma chalcodes or Grammostola pulchra) are New World species. They do not possess medically significant venom. Their primary defence is flicking tiny, itchy abdominal hairs. Their venom is scientifically comparable to a mild bee or wasp sting. They are famously docile, slow-moving, and pose zero threat to neighbours or emergency services. If one escaped, they would freeze to death in the Scottish weather, even during summer months as they need heat to thrive in the hobby. These are the types of tarantulas many people own today, including some of your tenants. • Old World Tarantulas (from Africa/Asia): These species lack itchy hairs and rely on speed and a more potent venom for defence. These are they type of tarantulas I feel should be banned as they pose a danger to others if they escaped. However again, they would also die in the Scottish weather. Policy Recommendation: Instead of a blanket ban on all spiders, which seems archaic, the council should only restrict species that possess medically significant venom or require a Dangerous Wild Animals (DWA) license, while freely permitting standard, docile New World species. 3. Ball Pythons (Python regius): A Non- venomous and a non-Aggressive Species. The Ball Python is the most popular pet snake globally precisely because of its entirely non-aggressive nature. • Passive Defence: When threatened, these snakes do not strike or bite; instead, they curl themselves into a tight, helpless ball, hiding their head inside their coils. • Physical Limitations: They are slow-moving, heavy-bodied constrictors that completely lack venom. Adults typically reach only 3 to 4 feet in length and are physically incapable of causing severe harm to humans or domestic pets. Zero Property Impact: They spend the vast majority of their time hiding inside secure enclosures. They make absolutely no noise, cause no wear and tear to walls or flooring, and have a zero-nuisance footprint. Applications relating to permitted exotic species will continue to be considered on a case-by-case basis, taking account of the species involved, enclosure security, welfare requirements, property suitability and any potential impact on neighbouring resident. The Housing Service accepts the concerns raised regarding the proposed 21-litre enclosure threshold. Consistent with other consultation responses, the policy will be amended to remove the proposed litre limit and instead focus on whether the enclosure or aquarium is suitable for the property and whether recognised animal welfare requirements can be met. The Housing Service also recognises the concerns raised regarding existing pet owners and the potential impact on animal welfare organisations. The policy will be amended to provide greater clarity regarding transitional arrangements. Existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Page 74
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Comments received Housing Service Response/Action 4. Western Hognose Snakes (Heterodon nasicus): Misunderstood Venom Mechanics Describing the Western Hognose as a "venomous snake" in a restrictive policy is highly misleading without scientific context: • Rear-Fanged Delivery: Unlike vipers or cobras with front fangs designed to inject venom instantly, Hognose snakes are "rear-fanged." Their mild, saliva-like venom is located on teeth at the very back of their mouths. • The "Chewing" Requirement: For a Hognose to envenomate a human, it cannot simply strike defensively. It must mistake a finger for food, latch on, and actively chew for an extended period to work the mild saliva into a wound. Venom Severity: In the incredibly rare event of a localized envenomation, medical literature compares the reaction directly to a common bee or wasp sting—causing mild, temporary swelling and itching. They are small, harmless snakes (males rarely exceed 1.5 feet) that pose no danger to the community. 5. Enclosure Security and Property Protection. Unlike traditional domestic pets like dogs or cats, exotic animals are kept under strict environmental control: • Escape-Proof Habitats: These specific animals are housed permanently inside specialised, locked, escape-proof vivariums. They do not free-roam. No Property Damage: They cannot scratch doors, chew skirting boards, stain carpets, or cause structural damage to council property. Hyper-Cleanliness: Their waste production is minimal and confined entirely to their enclosures, resulting in zero odours, noise, or community complaints. A progressive, compassionate pet policy should focus on animal welfare and irresponsible ownership, rather than banning specific non-traditional species based on fear. Restricting docile New World tarantulas, Ball Pythons, and Hognose snakes does nothing to protect council properties, but it will cause immense, disproportionate distress to responsible keepers who rely on these quiet, fascinating creatures for their mental well-being and daily routine. Serious Animal Welfare Concerns and Cruelty Risks. The clause stating that reptiles do not require permission only if they are housed in a The Council will continue to have regard to relevant animal welfare legislation and recognised good practice when assessing applications. Policy amendment. Page 75
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Comments received Housing Service Response/Action single tank with a capacity of less than 21 litres is fundamentally flawed and structurally promotes animal cruelty. In modern herpetology and under UK animal welfare guidelines, a 21-litre enclosure is dangerously small. Forcing any adult reptile to live in a space that small directly violates the Animal Health and Welfare (Scotland) Act, which legally requires owners to provide a suitable environment that allows animals to exhibit normal behaviour patterns. To put 21 litres into perspective, it equates to a tiny tank measuring roughly 40 cm x 25 cm x 20 cm. You can even keep a small leopard gecko in such an enclosure. The Reality for Sub-Adults and Adults: While a tiny 21-litre tub might temporarily hold a newly hatched baby snake, keeping a growing or adult reptile in such a confined space is entirely unfeasible and cruel. Limiting it to 21 litres forces good owners to downsize their animals which will end up harming them. I think the SSPCA should take a look at this policy. Proper Welfare Dimensions: According to leading UK reptile experts and major suppliers like Swell Reptiles, a thriving adult female lizard or snake requires an absolute minimum enclosure length of 2ft x 2ft x 1ft. If your pet is a ball python, they need a minimum of 4ft x 2 ft x 2 ft. And i guarantee many of your tenants already have ball pythons as they’re incredibly popular pets. A larger home is required so a reptile can fully stretch her body, exercise, and access proper heat gradients. The Setup Constraint: It is physically impossible to fit a water dish large enough for a snake or reptile to soak in, along with two appropriately sized hiding caves (one for the warm side and one for the cool side), inside a 21-litre footprint. . Policy Contradiction: Penalising Responsible Owners. The draft policy inadvertently creates a dangerous paradox. It penalises responsible tenants who spend money on large, high-quality, humane vivariums—like a 110 cm setup—to ensure their animals are happy, healthy, and enriched. Meanwhile, it completely exempts setups that actively compromise animal health. The size of a secure, locked wooden or PVC enclosure has absolutely zero bearing on property damage or community nuisance. A larger vivarium just sits harmlessly against a wall like a piece of furniture. Policy Recommendation: The council must remove the arbitrary 21-litre threshold for reptiles. Instead, the policy should permit any reptile or invertebrate that does not Page 76
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Comments received Housing Service Response/Action require a Dangerous Wild Animals (DWA) license, provided it is housed in a secure, species-appropriate enclosure that meets modern UK welfare standards, regardless of the tank’s overall volume. The draft policy unfairly punishes long-term, responsible tenants who acquired their animals legally under the current rules. Retrospective Enforcement is Unjust: When existing tenants welcomed their pets into their homes, no such restrictive policy was in place. Forcing residents to suddenly abandon or rehome family pets that they have loved and cared for over many years is unethical and unjust. The Case for a "Grandfather Clause": Standard, fair housing policies across the UK utilize a "Grandfather Clause." This means that even if new rules are introduced for future tenants, existing tenants are officially permitted to keep their current, safely housed animals for the remainder of their natural lifespans. The council must update this draft to protect current residents from forced rehoming. Objection to Section: Severe Impact on Already Overwhelmed Rescue Centres. A blanket ban or unworkable tank-size restriction would trigger an immediate animal welfare crisis across Moray and Scotland, heavily impacting charities that receive no council funding. Rescues Are at Breaking Point: Reptile and exotic animal rescue facilities throughout Scotland and the UK are currently completely overwhelmed. The combination of the cost-of-living crisis and rising energy prices means rescues are already operating at absolute peak capacity, often with massive waiting lists. Flooding the System: If Moray Council forces tenants to surrender healthy, quiet, well-cared-for pets like Ball Pythons and New World tarantulas, these overstretched rescue centres will face an influx of hundreds of displaced animals. Rescues simply do not have the physical space, enclosures, or financial resources to cope with a sudden wave of council-enforced surrenders. Tragic Outcomes: Forcing a ban on harmless animals will directly result in healthy pets being needlessly euthanised or abandoned illegally in the local environment by desperate owners who have nowhere else to turn. This creates a much larger public safety and environmental issue than allowing them to remain in secure vivariums. Page 77
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Is there anything missing from the revised Pet Policy for Council Tenants that you think should be included? please tell us what you think should be included. Comments received Housing Service Response/Action A limit on pets depending on the size of house you have. The Housing Service agrees that property size is an important consideration when assessing whether a property is suitable for pet ownership. Applications will continue to be assessed on their own merits, taking account of factors including the type and number of pets, the size and layout of the property, available outdoor space and animal welfare considerations. No policy change. Just about pets previous. I also think it should be mandatory that all cats and dogs are neutered. I believe it should also be mandatory that cat safe fencing is installed in anyone's garden who wants cats. Previously I have worked in rescue, Cats Protection and others. The amount of issues cats cause that are not neutered is an issue. Making it policy, would actually also mean that Scottish wild cats would have a chance in moray. That alone should be worth looking into. The Housing Service recognises concerns regarding existing pets and the policy will be amended to provide greater clarity regarding transitional arrangements and existing pet ownership. Policy amendment. The Housing Service encourages responsible pet ownership, including neutering where appropriate. However, mandatory neutering and mandatory installation of cat-safe fencing would go beyond the purpose of the policy and would be difficult to monitor and enforce proportionately. Guidance will continue to encourage responsible ownership and signpost tenants to relevant animal welfare organisations and veterinary advice. We will publish guidance and signpost tenants to sources of additional information on our website. No policy change. The policy should explain how reasonable adjustments relating to pet ownership and support animals will be considered for disabled tenants. The Housing Service recognises that some tenants may rely on assistance dogs, therapy dogs or other support animals because of a disability or long- term health condition. Page 78
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Comments received Housing Service Response/Action It should also require Equality Act considerations and reasons for decisions to be recorded and made available in writing. Clear timescales for review requests should also be included and the name of the reviewer. The policy will be amended to provide greater clarity regarding the assessment of support animals and the Council's obligations under the Equality Act 2010. Policy amendment. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs and requests for reasonable adjustments will be considered. While the Pet Policy for Council Tenants provides the overarching framework for decision making. It is not intended to set out detailed procedural or operational requirements, decisions involving disability-related needs will be made in accordance with the Council's duties under the Equality Act 2010 and relevant corporate procedures. The Housing Service does not routinely reproduce detailed procedural requirements within individual tenancy policies. Equality Act assessments, recording of decisions, reasonable adjustment requests, reviews and complaints are governed through corporate procedures that apply consistently across all Council services. The policy therefore confirms the Council's legal duties without duplicating those procedures. The policy will be amended to include a brief statement confirming that disability-related needs and reasonable adjustment requests will be considered in accordance with the Council's Equality Act 2010 duties and relevant procedures. Page 79
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Comments received Housing Service Response/Action Detailed matters such as assessment processes, recording requirements, communication arrangements and review procedures will continue to be addressed through separate Council procedures and staff guidance. Policy amendment. Information regarding if you currently already own pets for example I have 2x dogs and 1x cat, can I be rejected for permission after having all the animals together for over 4 years up to 10 years, would you be expected to rehome them? The Housing Service recognises concerns regarding pets already residing within Council properties. The policy will be amended to provide greater clarity regarding existing pet ownership and any transitional arrangements that apply when the policy comes into force. Existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Policy amendment. Dogs should be on a lead when out and about and kept under control. The Housing Service agrees that dogs should be appropriately supervised and controlled. The draft policy requires dogs to be accompanied and on leads in common areas and shared grounds. No policy change. If there is already a pet in residence for over 1 year with no complaints or concerns, you should not need to seek permission. The Housing Service requires an accurate record of pets within its housing stock. Maintaining these records supports tenancy management, emergency planning and the effective management of pet-related concerns where they arise. No policy change. I think it should be compulsory for tenants to produce proof they are registered with a vet for their pet(s). The Housing Service encourages tenants to register pets with a veterinary practice and to seek appropriate veterinary care. However, requiring proof of registration or permitting routine property inspections solely for the Page 80
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Comments received Housing Service Response/Action state managers should have the authority to do random checks on properties to check on the welfare of the animals and the conditions they are subjected to. purpose of monitoring animal welfare would be disproportionate difficult to administer consistently and outside the intended scope of the policy. The Housing Service has no general legal power to undertake random inspections of tenants' homes for animal welfare purposes. Where concerns regarding animal welfare, neglect or breaches of tenancy conditions are reported, these will continue to be investigated through existing tenancy management procedures and, where appropriate, referred to organisations such as the SSPCA or Police Scotland. No policy change. Therapy dogs The Housing Service recognises that some tenants may rely on therapy dogs, assistance dogs or other support animals. The policy will be amended to provide greater clarity regarding how these animals will be considered when assessing applications and when applying the general guidance regarding pet numbers. Applications will continue to be considered on a case-by-case basis having regard to individual circumstances and relevant supporting information. Policy amendment. There should be a limit of how many pets tenants can have. The Housing Service agrees that the number of pets at a property is an important consideration when assessing applications. The policy will be amended to clarify that two pets is guidance rather than a strict limit, with applications considered on individual circumstances, having regard to property suitability, animal welfare requirements and tenancy management considerations. Policy amendment. There is no grandfather clause for people who have already existing pets at their property. Please enact a The Housing Service recognises the concerns raised regarding existing pets and assistance dogs. Page 81
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Comments received Housing Service Response/Action grandfather clause and also please add exemptions for disabled people who rely on their dogs as service dogs. The policy will be amended to provide greater clarity regarding transitional arrangements for existing pets. The policy will also clarify that assistance dogs and other support animals will be considered in accordance with the Council's Equality Act duties and will not normally be counted within the general guidance regarding pet numbers where a reasonable adjustment is required. Policy amendment. If tenants have already been given permission in person previous to these changes, they should still be allowed to keep their pets The Housing Service recognises concerns regarding existing permissions and long-standing pet ownership arrangements. The policy will be amended to provide greater clarity regarding transitional arrangements and the treatment of pets already residing within Council properties when the policy is implemented. Policy amendment. Aggressive dogs - will not be tolerated This is already covered. The policy requires that pets must not to frighten, attack, injure or cause nuisance to others. Concerns regarding aggressive behaviour will continue to be investigated and managed through tenancy management procedures and relevant legislation. No policy change Dog and cat mess should be picked up on a daily basis The Housing Service agrees that tenants should clean up after their pets. The draft policy already contains provisions requiring pet owners to remove and safely dispose of pet waste and maintain appropriate standards of cleanliness and hygiene. No policy change. What happens to those of us already existing tenants that have pets? The Housing Service recognises concerns raised by existing pet owners. Page 82
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Comments received Housing Service Response/Action Do we have to apply retrospectively? The policy will be amended to provide greater clarity regarding transitional arrangements and how existing pets will be treated following implementation of the policy. Policy amendment. 1. Lack of Transitional Arrangements (Grandfather Clause) The draft policy does not explicitly outline how existing pet owners will be transitioned into the new rules once implemented. To prevent unnecessary anxiety for responsible tenants, the policy should include a formal "grandfather clause". This would ensure that any tenant who already owns pets exceeding the two-pet threshold, or who has existing arrangements that would technically violate the new policy, is automatically granted retrospective approval, provided there is no history of antisocial behaviour or welfare concerns. 2. Clarity on Temporary Pet-Sitting and Visitors There is currently no mention of temporary pet care in the document, leaving a significant practical gap. The policy should clarify the rules regarding short-term arrangements, such as a tenant minding a family member's dog for a weekend or temporarily fostering an animal for a registered charity. As written, the text implies that formal written permission is required for an animal to be on the premises at all, which is 1. The Housing Service recognises concerns regarding existing pet owners and agrees that greater clarity should be provided regarding transitional arrangements. The policy will be reviewed to provide clearer information regarding existing pets and transitional arrangements for current tenants who own pets before the policy implementation. Policy amendment. 2. The Housing Service recognises that tenants may occasionally provide short-term care for pets belonging to family members, friends or animal welfare organisations. The policy will be amended to clarify the position regarding temporary pet-sitting and other short-term arrangements. The intention of the policy is not to create unnecessary barriers to reasonable, temporary arrangements where there are no tenancy management, nuisance or animal welfare concerns. Policy amendment. Page 83
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Comments received Housing Service Response/Action impractical for everyday family life. 3. Explicit Exemptions for Assistance Dogs While Section 7.10 notes that the council will "take into account" whether an animal is a support pet when assessing applications, this wording is far too ambiguous. Registered assistance dogs—such as guide dogs, hearing dogs, and medical alert dogs— should be explicitly and automatically exempted from the standard application process and the two-pet limit. Including a dedicated clause for certified assistance animals would ensure full, unambiguous compliance with the Equality Act 2010. 4. Inclusion of an Independent Appeals Route Section 11 details the internal review and corporate complaints process, but it fails to signpost tenants to an external body if an agreement cannot be reached. To ensure absolute transparency and fairness, the policy should explicitly state that tenants have the right to escalate unresolved disputes to an independent external arbiter, specifically the Scottish Public Services Ombudsman (SPSO), once the council's internal procedures have been fully exhausted. 3. The Housing Service recognises that assistance dogs play an essential role in enabling many disabled people to live independently. The policy will be amended to provide greater clarity regarding how assistance dogs, therapy dogs and support animals will be considered when assessing applications and applying the general guidance regarding pet numbers. Tenants will continue to be asked to notify the Housing Service of assistance dogs and support animals so that accurate records can be maintained and appropriate consideration can be given to the Council's obligations under the Equality Act 2010. Policy amendment 4. Existing Council complaints arrangements allow escalation through external routes where applicable. The policy refers to the Moray Council Corporate Complaints Process which sets out the framework followed for handling complaints and applies. consistently across all Council services. The Moray Council Corporate Complaints Process details if a person is dissatisfied with the decision or the way the complaint has been dealt with, the person can ask the SPSO to look at it. Contact details are provided. The cross reference in this policy alleviates the need to duplicate the information set out in the complaints process. No policy change Page 84
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Comments received Housing Service Response/Action Dogs and cats being kept should be neutered and chipped. The Housing Service supports responsible pet ownership and encourages owners to ensure that pets are microchipped and neutered where appropriate. Microchipping requirements are governed by legislation and are already reflected within the policy where required by law. The Housing Service does not consider mandatory neutering to be proportionate or practical to monitor and enforce as a tenancy requirement. Information and guidance regarding responsible pet ownership will continue to be made available. No policy change. The clown that wrote it The Housing Service has considered the substantive issues raised through the consultation process. The comment has been noted. No specific policy amendment was identified from the points raised. No policy change There is nothing to say whether pets already in the house are able to stay with the need for new permissions. The Housing Service recognises concerns raised regarding existing pets. The policy will be amended to provide greater clarity regarding transitional arrangements and how pets already residing within Council properties at the point of implementation will be treated. Existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Policy amendment. “If you currently have pets that prior to the changes introduced in this policy, no notification is necessary.” This statement would be appropriate if it is accurate. If not, there should be verbiage in the updated policy stating otherwise. The Housing Service agrees that greater clarity is required regarding existing pet ownership arrangements. The policy will be amended to clearly explain how pets residing in Council properties prior to implementation of the policy will be treated and whether any notification requirements apply. Policy amendment. Page 85
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Is there anything that you think should be removed from the revised Pet Policy for Council Tenants? Please tell us what you think should be removed. Comments received Housing Service Response/Action If you already own a pet requiring permission before this comes in, do you need to ask permission to have it? The Housing Service recognises concerns regarding existing pet ownership arrangements. The policy will be amended to provide clear information on the treatment of pets already residing within Council properties when the policy comes into force. Policy amendment Comments received Housing Service Response/Action Section 7.12 should be amended to remove or better define "current legal action against tenant" as a potential reason for refusing permission to keep a pet. Legal proceedings unrelated to pet ownership, animal welfare or tenancy management should not be considered relevant when assessing whether a tenant can responsibly keep a pet. Section 8.8 states that permission to install a cat flap will automatically be refused. Consideration should instead be given on a case-by-case basis, taking account of property type, security, repair implications and Equality Act considerations. The Housing Service agrees that greater clarity should be provided when referring to legal action as a reasonable ground for refusal. The policy will be amended to clarify that such legal action refers to tenancy management matters such as tenancy enforcement action, antisocial behaviour proceedings, breaches of tenancy conditions or animal welfare concerns. It is not intended to include legal matters unrelated to the tenancy or the keeping of pets. Policy amendment The Housing Service accepts the concern regarding automatic refusals. The policy will be amended to clarify that cat flap requests would not normally be approved due to property, safety or asset management considerations, however each application will continue to be considered individually where the Council has legal discretion to do so. Policy amendment. All of it The Housing Service has considered all feedback received as part of the consultation process when reviewing the draft policy. No specific policy amendment has been identified from this comment. No policy change. Page 86
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I think it’s a real shame pigeons and other birds can’t be kept and the ones that can be can only be kept in pairs which is not actually good for the bird in event something should happen to one. In particular caged small bird can and should be kept in higher numbers. The Housing Service recognises that some bird species have welfare requirements that make group housing preferable and that a standard numerical limit may not be appropriate in all cases. Applications involving birds will be considered having regard to species- specific welfare requirements, the suitability of the property, the number of birds proposed and any potential impact on neighbouring residents. The policy will be amended to better reflect recognised welfare requirements and clarify that applications involving birds will be assessed on a case-by-case basis. Policy amendment. All of it you *****ng muppets Offensive language has not been reproduced within the Council's response. The Housing Service has considered this response and no policy amendment identified. No policy change Prohibiting snakes, usually snakes kept as pets are harmless and they help keep spiders away. Snakes are kept in vivarium that are secured as well. The policy does not prohibit all snakes. Certain animals have been excluded due to safety, welfare and suitability considerations. This extends to venomous snakes. Other species may still be considered through the application process, subject to assessment of suitability, welfare requirements and property considerations. No policy change. I believe that the 2 pet per household should be removed due to hundreds of animals that will have to be rehomed and with only so many people wanting to take those animals it will fill shelters. The Housing Service considers it appropriate to provide guidance regarding pet numbers when assessing applications. However, the policy will be amended to make clear that the figure of two pets is intended as a general guide and starting point for assessment rather than an absolute cap. Policy amendment. Page 87
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Furthermore, I don’t believe there should be a restriction on fish due to the benefits provided like, lowering heart rate, blood pressure and stress furthermore I believe the 21 litre maximum is inadequate due to not being able to keep fish ethically in a 21 litre aquarium, also many fish cannot ethically be kept alone which wouldn’t work with the 2 pet maximum. The Housing Service also accepts the concerns raised regarding aquariums. The proposed 21-litre threshold will be removed and replaced with a requirement that aquariums are of a size and weight suitable for the property and that animal welfare requirements can be met. Policy amendment. 1. Removal of the Automatic Cat Flap Refusal (Section 8.8) Section 8.8 states that "Permission to install a cat flap will automatically be refused." This blanket ban should be removed. It is counterproductive to the policy’s core aim of supporting animal welfare and recognising pets as family members. Forcing tenants with outdoor cats to manually open doors or leave windows ajar introduces security risks and compromises home energy efficiency. Instead of an outright ban, the clause should be replaced with a standard permission procedure requiring professional installation, with the property reinstated to its original condition at the tenant's expense when the tenancy ends. 2. Removal of the Arbitrary 21-Litre Aquarium Limit (Section 7.5) Section 7.5 places an arbitrary 21-litre limit on small fish tanks or terrariums kept without formal written permission. This is extremely restrictive and detached 1. The Housing Service accepts the concern regarding automatic refusals. The Housing Service considered whether cat flap installations could be permitted subject to reinstatement at the end of the tenancy. However, concerns remain regarding alterations to external doors and building components, property security, insulation, weatherproofing, future maintenance requirements and the consistency of decision making across the housing stock. The policy will be amended to clarify that cat flap requests would not normally be approved due to property, safety or asset management considerations, however each application will continue to be considered individually where the Council has legal discretion to do so. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. Policy amendment. 2. The policy will be amended to remove the proposed 21-litre threshold. The policy will instead focus on whether an aquarium is suitable for the property and whether animal welfare requirements can be met. Policy amendment. Page 88
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from standard animal welfare guidelines, where even basic setups for small fish often require 40 to 60 litres. Because small aquariums present no structural or communal nuisance risk, this explicit volume threshold should be removed. The policy would be far more practical if it simply restricted "large or commercial- scale setups" rather than penalising minor domestic hobbyists. 3. Removal of Duplicative National Legislation (Section 8.2) Several points under Section 8.2, such as requiring dogs to wear ID tags in public or prohibiting dogs from causing injury, simply restate existing UK statutory laws (such as the Control of Dogs Order 1992 and the Dangerous Dogs Act 1991). Including public criminal legislation inside a local housing policy is unnecessary and creates an overreach into a tenant's life outside the home. The council should remove these redundant references and focus the text solely on estate management and tenancy-specific rules. 3. References to relevant legislation are included to help tenants understand their responsibilities as pet owners and provide useful context when reading the policy. The Housing Service considers these references proportionate and helpful. No policy change. Permission for small dogs The Housing Service requires permission to be obtained for all dogs, regardless of size, in order to maintain accurate records of pets residing within Council housing. While the size of a dog is an important consideration when assessing whether a property is suitable, size alone is not a reliable indicator of the potential impact on neighbours, the suitability of the accommodation or the ability of a tenant to meet the animal's welfare needs. Other factors, Page 89
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including the type of property, available space, the dog's behaviour and the individual circumstances of the application, are also relevant. Maintaining accurate records assists with tenancy management, emergency planning, animal welfare concerns and the investigation of complaints where they arise. Applications relating to small dogs will continue to be assessed on their own merits and will not be unreasonably refused. No policy change. Multiple pets The Housing Service considers it appropriate to provide guidance regarding pet numbers when assessing applications. However, the policy will be amended to clarify that the reference to two pets is intended as a guide and starting point for assessment rather than an absolute limit. Applications will continue to be considered on a case-by-case basis. Policy amendment Two pet limit. The Housing Service has considered the concerns raised regarding the proposed guidance on pet numbers. The policy will be amended to clarify that two pets is guidance rather than a strict limit, with applications considered on individual circumstances, having regard to property suitability, animal welfare requirements and tenancy management considerations. Policy amendment. Bird breeding should be allowed as long as all the youngsters are sold before breeding again The Housing Service recognises that some tenants may keep birds as a hobby and that welfare requirements may vary between species. The policy is not intended to prohibit incidental or occasional breeding. However, breeding for commercial purposes or operating a breeding business from a Council property will not be permitted. Page 90
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Do you have any other comments on the revised Pet Policy for Council Tenants? No policy change. Everything The Housing Service has considered all comments received during the consultation process. No specific policy amendment has been identified from this comment. No policy change. The part about dangerous dog breeds being banned. Dogs aren’t inherently dangerous, owners are. The Housing Service recognises that responsible ownership plays an important role in a dog's behaviour. However, the policy reflects current legislation and public safety considerations. Any restrictions relating to prohibited dog types are based on legal requirements rather than assumptions regarding individual owners. No policy change. Banned breeds not being allowed in council houses as we got our puppy before the ban came out and we already loved him and wasn't going to get our family dog put it sleep. We have done everything the law has asked us to do. My dog saved my life by alerting my family that I was having a stroke. The policy reflects current legislation and public safety considerations. Any restrictions relating to prohibited dog types are based on legal requirements rather than assumptions regarding individual owners. No policy change. The outright ban in tarantulas and harmless snake species. The Housing Service recognises the concern raised regarding the treatment of tarantulas and non-venomous snake species. The policy is not intended to prohibit all snakes or all invertebrates. Certain animals may be restricted where there are safety, welfare, legal or property management considerations. Applications relating to non-venomous snakes and other suitable exotic species will continue to be considered on their individual merits, taking account of enclosure security, animal welfare requirements, property suitability and any potential impact on neighbouring residents. No policy change. Page 91
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Comments received Housing Service Response/Action Consultation and discussion not blindly making up rules that no one will follow The Housing Service does not agree that the policy has been developed without consultation. All Council tenants were contacted and provided with an opportunity to comment on the draft policy, and all feedback received is being considered as part of the review process. The purpose of the consultation is to ensure that tenants, residents and stakeholders can influence the final policy before is approved by the Housing and Community Safety Committee. A number of amendments have been made to the draft policy following feedback received. No policy change. My upstairs neighbour at 23 has a dog which I’m scared of I would like the tenant to be housed elsewhere as the dog scares me and the tenant smokes in his flat and stinks out the hallway. The consultation process cannot comment on individual tenancy cases. Concerns regarding a particular neighbour, pet behaviour, antisocial behaviour or smoking-related nuisance should be reported to the relevant Area Housing Team for investigation through existing tenancy management procedures. No policy change. I think the size of dogs should be taking into account The Housing Service agrees that the size of a dog is an important factor when assessing whether a property is suitable for pet ownership. The draft policy already provides for applications to be assessed on a case- by-case basis, taking into account the type and size of the pet, together with the type, size and location of the property. No policy change. Overall, the policy is clear, easy to understand and provides useful protections for tenants, including decision timescales, written reasons for refusal and automatic consent where no decision is issued within the required period. However, the policy would benefit from a clearer explanation of how Equality Act duties and reasonable adjustments will be applied in practice, particularly where support animals or disability-related Thank you for your positive feedback and detailed comments. The Housing Service recognises the importance of ensuring tenants understand how disability-related needs, assistance dogs, therapy dogs and support animals will be considered. The policy has been amended to provide additional information regarding assistance dogs, therapy dogs and support animals and to confirm that the Page 92
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Comments received Housing Service Response/Action needs are involved. Consideration should also be given to recording Equality Act considerations and providing written reasons for decisions affecting disabled tenants. Council will consider its obligations under the Equality Act 2010 when making decisions. The policy is intended to provide the overarching framework for decision- making rather than detailed operational procedures. Matters such as assessment processes, record keeping, communications and review arrangements are managed through separate operational guidance and Council procedures. Policy amendment. No Thank you for taking the time to participate in the consultation. No policy change. Dog fouling council tenants should pick up after their dog The Housing Service agrees that dog owners should clean up after their pets. This is already addressed within the draft policy, which requires tenants to immediately remove and safely dispose of pet faeces from gardens and outside areas. No policy change. I know of a case with 3 large dogs in a 1 bedroom flat, neighbours have previously complained of noise and smells and nothing has been done....... The policy review cannot comment on individual tenancy cases. Concerns regarding specific properties, nuisance or welfare issues should be reported to the relevant Area Housing Team for investigation. No policy change. When/if this comes into play, how does the council plan to check on the tenants who already have pets. It states tenants will be permitted to have two pets e.g. cat/dogs. What would happen if the tenant has more than two pets who have been part of the family for a good number of years, will they be expected to choose who goes and who stays ?? Or is this new Pet Policy for new applicants. ? The Housing Service recognises the concerns raised regarding existing pets. The policy will be amended to provide greater clarity regarding transitional arrangements and how pets already residing in Council properties at the point of implementation will be treated. Existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Page 93
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Comments received Housing Service Response/Action Policy amendment. Not all pet owners are responsible but for some of us pets are our only companions The Housing Service recognises that pets can provide important companionship, emotional support and wellbeing benefits, particularly for people who live alone or may otherwise experience social isolation. The purpose of the policy is not to discourage responsible pet ownership, but to balance the benefits that pets bring to their owners with the need to protect neighbours, properties and animal welfare. The policy seeks to support responsible pet owners while providing a framework for addressing the minority of cases where pets may cause nuisance or welfare concerns. No policy change. This is quite a significant development in policy which may have far reaching consequences for the general public. This is significant enough to be worthy of a town hall event where the public can come and give their say rather than digital engagement which has historically low interaction rates which some people at Moray council no doubt relies on to sneak policies through. The Housing Service recognises the importance of effective tenant engagement and appreciates the comments provided. While resources are not unlimited, the Housing Service seeks to maximise opportunities for tenants and key stakeholders to participate in consultations and makes every effort to reach as wide an audience as possible. A range of consultation methods was used to encourage participation, including direct communication with Council tenants, online consultation, paper copies available on request, promotion through social media and local press, and opportunities for written responses. While an in-person public meeting was not held, this approach was intended to maximise participation while making the consultation accessible to as many tenants as reasonably possible within available resources. All policies are developed in accordance with the Council's governance framework, which includes consultation, consideration of feedback received, and approval through the appropriate committee process before Page 94
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Comments received Housing Service Response/Action implementation. The comments received as part of this consultation will be considered alongside all other responses when finalising the policy. No policy change. None Noted. Thank you for taking the time to participate in the consultation. No policy change. Every home should be allowed a dog or a cat a house isn’t a home without a pet/pets The Housing Service recognises that, for many people, cats and dogs are much-loved companions and valued members of the household. The purpose of the policy is to support responsible pet ownership wherever possible while balancing the interests of tenants, neighbouring residents, animal welfare and property management considerations. No policy change Constant barking, footpaths going past tenants’ gardens & dogs barking at people on foot. Uncontrolled dogs being allowed to wander. Dogs not allowing access through communal areas The Housing Service recognises the impact that uncontrolled pets, persistent barking and obstruction of communal areas can have on neighbouring residents. The draft policy already contains provisions requiring pets to be appropriately supervised, controlled and managed so they do not create nuisance, disturbance or safety concerns. Concerns relating to excessive noise, uncontrolled behaviour or restricted access to communal areas will be investigated and managed through relevant procedures where appropriate. The policy aims to promote responsible pet ownership while helping to ensure that all residents can enjoy their homes and neighbourhoods safely and comfortably. No policy change. Not other than what I have stated in question 5 Noted. Thank you for taking the time to participate in the consultation. No policy change. I think it's all very well, but who actually insures this is being adhered to, I know multiple homes that have Noted. Page 95
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Comments received Housing Service Response/Action multiple dogs or worse cats, overrun with smelly cats, that then go out and foul wherever they please. In Keith I’ve often seen horses in gardens, any council garden is too small for any size of horse. The Housing Service recognises the concerns raised regarding the number of pets being kept at some properties, pet-related nuisance such as odours and fouling, and the suitability of certain animals being kept in residential areas. The purpose of the policy is to provide a clear and consistent framework for managing pet ownership within Council housing and to ensure that concerns can be addressed appropriately where they arise. The policy also makes clear that livestock, including horses, are not considered pets for the purposes of the policy and are not permitted within Council housing properties. The Housing Service will continue to investigate reported concerns and take appropriate action where breaches of tenancy conditions are identified. No policy change. How the **** would we not be able to have a second fish tank without permission you silly ********, it’s all for you money hungry ****, give your *****ng head a wobble you ***** Offensive language has not been reflected in the Council's response. The Housing Service has considered the substantive issues raised within this response and no policy amendment identified. No policy change. You need to think about those of us that have been with some years and currently have pets. Where do we stand with this policy? The Housing Service recognises concerns raised by existing pet owners. The policy will be amended to clarify the position of existing pets and any transitional arrangements that apply when the policy comes into force. Existing pets will not normally be affected solely because they exceed current guidance, provided there are no significant tenancy management, nuisance or animal welfare concerns. Policy amendment. I agree with most of the policy, it’s the fish and the pet maximum that I disagree with. The Housing Service has considered the concerns raised regarding both aquariums and pet numbers. Page 96
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Comments received Housing Service Response/Action The policy has been amended to remove the proposed aquarium threshold and to clarify that the reference to two pets is intended as a guide and starting point for assessment rather than an absolute cap. Applications will continue to be considered on their individual merits. Policy amendment. Tenants should be allowed to keep more than one pair of finches as they don't cause a nuisance or damage to the property The Housing Service recognises that some small birds, such as finches, may be appropriately and responsibly kept in groups and that a standard numerical limit may not always reflect recognised welfare requirements. The policy will be amended to clarify that applications involving birds will be assessed having regard to species-specific welfare requirements, property suitability and any potential impact on neighbours rather than a fixed numerical limit. Policy amendment. 1. Clarification on Garden Ponds and Outdoor Fish The policy extensively covers indoor pets and small aquariums but completely omits rules regarding garden ponds and outdoor fish. Given that many council properties feature private gardens where tenants may responsibly install or maintain a garden pond, the final document should explicitly clarify that keeping pond fish does not require formal written permission, provided the pond's construction complies with standard estate management guidelines. 2. Commitment to Clear Online Application Forms To ensure the policy's objective of a "consistent and 1. This is not routinely included in Pet Policies however the policy has been amended to include following specific provisions relating to ponds and pond fish. Policy amendment 2. The Housing Service agrees that a clear, accessible and user-friendly application process will be important to the successful implementation of the policy. Page 97
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Comments received Housing Service Response/Action transparent approach" is met, the council should ensure that the online pet application portal is user- friendly and clearly details the criteria for approval. Tenants should easily be able to upload necessary documentation, such as microchip numbers or exemption certificates, without facing bureaucratic delays, ensuring the 28-day response window is smoothly maintained by housing staff. 3. Focus on Support and Education Over Enforcement Overall, the policy's emphasis on working alongside animal welfare charities and signposting tenants to veterinary support is highly commended. The housing service must maintain this supportive, educational approach to estate management. Resolving issues through dialogue and guidance should always remain the primary focus, ensuring that forced pet removal or tenancy enforcement truly remains a last resort reserved only for severe, unresolvable cases. Supporting guidance and application processes will be developed as part of implementation arrangements. No policy change. 3. The Housing Service agrees that education, engagement and early intervention should remain the primary approach to resolving pet-related concerns. The intention of the policy is to promote responsible pet ownership through support, engagement and education wherever possible. The policy includes commitments to signpost tenants to veterinary professionals, animal welfare charities and other sources of advice and assistance where appropriate. The Housing Service agrees that early intervention, dialogue and practical support should be the primary approach to resolving pet-related concerns. Enforcement action will continue to be used only where reasonable efforts to resolve issues have been unsuccessful or where there are serious concerns relating to nuisance, tenancy breaches or animal welfare. No policy change. No Noted. Thank you for taking the time to participate in the consultation. No policy change Try to make it clear and enforce that people must clear up after their pets. If that is possible. The Housing Service agrees that expectations regarding pet fouling should be clearly communicated. Page 98
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Comments received Housing Service Response/Action The draft policy already requires tenants to immediately remove and safely dispose of pet faeces from gardens and outside areas. Where concerns regarding pet fouling are reported, appropriate evidence linked to an identifiable tenancy would be required in order for the Housing Service to investigate potential breaches of tenancy conditions. Any action taken would be proportionate to the circumstances of the case and would use the remedies available to the Council, with the aim of resolving the issue at the earliest opportunity. No policy change How is rescue centres going to cope with the pets you as a council decide to not allow - think of the impact, it was bad enough in Covid rehoming animals You have had no considerations for animal welfare The Housing Service recognises concerns regarding the potential impact on existing pet owners and animal welfare organisations. The policy is not intended to require responsible tenants to rehome established pets solely because they exceed the general guidance regarding pet numbers. The policy will be amended to provide greater clarity regarding transitional arrangements and existing pet ownership. Existing pets will not normally be affected provided there are no significant tenancy management, nuisance or animal welfare concerns. The intention is to promote responsible pet ownership while avoiding unnecessary impacts on existing households or animal welfare organisations. Policy amendment. I have 3 indoor cats in my flat. I do not let them bother the neighbours, I maintain their litter trays, they are clean and well cared for, they would be lost without each other, I have never had a complaint about any of them. I understand declaring pets, I would happily The Housing Service recognises that many tenants responsibly care for more than two pets and appreciates the concerns raised. The policy will be amended to clarify that the reference to two pets represents a general guide and starting point for assessment rather than an absolute cap. Page 99
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Comments received Housing Service Response/Action declare them. But I manage 3 easily and if one was to pass, I would want another as 3 seems to be a happy number for my household. I feel a two pet limit is unfair, and each case should be looked at individually instead of calling more than two pets a specific circumstance, as I can prove years of my responsible ownership through my three happy healthy felines. Poor pet management shouldn’t spoil these special relationships for the majority who are responsible owners. The policy will also provide greater clarity regarding existing pets residing within Council properties when the policy is implemented. Policy amendment As a tenant with pets what are we meant to do? Give our animals away? Really, really bad idea! The Housing Service recognises concerns raised by existing pet owners. The purpose of the policy is not to require responsible tenants to rehome established pets where there are no significant concerns relating to nuisance, tenancy management or animal welfare. The policy will be amended to clarify transitional arrangements and the treatment of existing pets. Policy amendment. I think this is a great idea, although policing it may be difficult Thank you for your positive feedback. The Housing Service recognises that effective implementation will require a proportionate and practical approach. The policy will be supported through existing tenancy management arrangements, education, engagement and investigation of concerns where they arise. No policy change. Yes, I do not think permission should be needed for pets, nor should there be such a small limit in how many a household can own. I dislike and do not see the need for it. Animals can play such an important part of people's lives, and most people are in council housing through circumstances and not by choice, they The Housing Service requires permission in order to maintain accurate records of pets within Council housing. Maintaining accurate records assists with tenancy management, emergency planning, animal welfare concerns and the investigation of complaints where they arise. The policy has been amended to clarify that references to two pets are intended as guidance and not an absolute cap. Page 100
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Comments received Housing Service Response/Action shouldn’t be penalised for wanting more pets and someone else deems appropriate. Policy amendment. How will it be enforced since no estate caretaker walks about anymore? Or if they do, you never see them like you used to. The Housing Service will not rely on routine inspections to identify breaches of the policy. Concerns relating to pets will continue to be investigated through existing tenancy management procedures where reports are received or issues are identified during normal housing management activity. The policy seeks to promote responsible pet ownership through engagement and education, with enforcement action used only where necessary and proportionate. No policy change No just that if you do have a banned breeds that as long as you're doing everything legally and within the guidelines that you can keep your pet in your council house. The Housing Service recognises the concerns raised regarding dogs that are subject to legal restrictions but are lawfully kept in accordance with current legislation. The policy reflects relevant legislation and public safety requirements. Where a dog is legally owned and kept in accordance with statutory requirements, the Housing Service will consider the individual circumstances of the tenancy, together with any applicable legal obligations, when applying the policy. No policy change. I am eager to see this put into action as myself and other neighbours have been subjected to excessive barking day and night from the council tenant’s dog in excess of 8 months now. The Housing Service cannot comment on individual tenancy cases through the consultation process. Details of the case have been shared with the relevant area housing team. The policy is intended to provide a clear framework for addressing concerns relating to persistent barking, nuisance behaviour and other pet-related issues. Reports of excessive noise or nuisance will continue to be investigated through existing tenancy management procedures, with Page 101
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Comments received Housing Service Response/Action appropriate action taken where evidence supports a breach of tenancy conditions. No policy change. I think this is a good idea. Thank you for your positive feedback and for taking the time to participate in the consultation. No policy change. 1. Outdated Policies Stem from a Lack of Education. The core issue with the draft pet policy is that it appears to have been written without a basic, scientific understanding of modern exotic animal keeping. Decisions regarding which animals are "safe" or "acceptable" must be based on objective biological facts, not on personal phobias or outdated media stereotypes. Implementing a policy that lumps a completely harmless, 3-foot Ball Python or a docile, slow-moving New World tarantula into the same category as dangerous, high-risk animals demonstrates a critical gap in education within the housing department. 2. The Danger of Uneducated Enforcement. If housing officers are not properly educated on exotic species, they cannot enforce this policy fairly nor safely. An uneducated policy leads to well-meaning tenants being harassed over harmless, quiet pets, while failing to address actual welfare concerns. Furthermore, forcing housing staff to handle or assess animals they do not understand creates unnecessary anxiety for the council’s own workforce. Education is the only way to The Housing Service thanks the respondent for the detailed comments regarding exotic animal ownership, animal welfare and specialist expertise. The policy seeks to balance responsible pet ownership, animal welfare, tenant wellbeing, public safety and the effective management of Council housing. The Housing Service recognises the value of evidence-based decision making and has carefully considered the information provided as part of the consultation process. The policy will continue to focus on assessing applications on a case-by- case basis, taking account of welfare requirements, property suitability, safety considerations and relevant legislation. The policy is not intended to require housing staff to physically handle, examine or independently assess exotic animals. Where specialist advice is required, officers may rely on information provided by applicants, published guidance, veterinary advice, animal welfare organisations, relevant legislation and other appropriate professional sources when considering applications or concerns. The consultation responses have highlighted a number of points regarding reptiles, invertebrates and enclosure requirements. In particular, concerns were raised that the proposed 21-litre threshold did not reflect recognised welfare standards for some species. Page 102
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Comments received Housing Service Response/Action create a policy that protects council property while respecting the rights of responsible tenants. 3. Call for Consultation with Herpetological Experts. Before finalizing any rules, Moray Council housing policymakers must seek formal training and consult with actual exotic animal experts. There are numerous professional bodies—such as the Federation of British Herpetologists (FBH), local exotic veterinary specialists, and established welfare organizations— that would gladly assist the council. Consulting with these experts will help the council draft an evidence- based, progressive policy that targets irresponsible owners and dangerous species, rather than penalizing passionate, responsible keepers who derive immense mental health stability from their quiet, contained animals. The Council's objective is not to penalise responsible pet owners but to ensure that decisions are proportionate, transparent and capable of being applied fairly across all tenancy types. Applications for animals that are not specifically prohibited will continue to be considered on a case-by-case basis, taking account of welfare requirements, property suitability, security arrangements, tenant responsibilities and any potential impact on neighbouring residents. Having considered these representations alongside other consultation responses, the Housing Service has agreed to remove the proposed litre threshold and instead focus on whether enclosures are appropriate for the species concerned, meet welfare requirements and are suitable for the property. Policy amendment. X raised some animal welfare issues and certain animals being best in pairs/groups/etc. If it means one breeding pair, then can we specify this? Should we specify an exact number as it is not sex specific. The Housing Service recognises that welfare requirements vary between species and that some animals are best kept in compatible pairs or social groups. The policy is not intended to prescribe breeding arrangements or fixed numerical limits that may not be appropriate across different species. The policy will be amended to clarify that applications involving birds and other social animals will be assessed having regard to species-specific welfare requirements, property suitability and any potential impact on neighbouring residents. Policy amendment. Can we have clarity on this. Reads as though any permission sought in advance for a cat flap will be automatically refused. The policy will be amended to clarify that cat flap requests would not normally be approved due to property, safety or asset management considerations. The Council retains discretion to consider exceptional Page 103
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Comments received Housing Service Response/Action If this is the case and we don’t want to allow permission at all, we may amend this to suggest that it can be put in at the owners own cost and they must remedy it to be without it at the end of the tenancy. circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. Policy amendment. IIA – Disability section Pet policy recognises support animals – doesn’t mention benefit of non-support animals. Even to those who are not disabled. IIA – Age What adaptations will be provided to older/younger people. Do we have a child appropriate policy? Essentially seeking clarity on how the age issues may be mitigated. The Housing Service agrees that pets can provide important companionship, emotional wellbeing and social benefits to a wide range of tenants, including those who are not disabled. The Integrated Impact Assessment will be amended to acknowledge the wider wellbeing benefits of responsible pet ownership while continuing to recognise the particular role that assistance dogs, therapy dogs and support animals may play for disabled tenants. IIA amendment The Housing Service recognises that pets can provide companionship, emotional wellbeing and routine for people of all ages, including children and older adults. The IIA will be updated to acknowledge these potential benefits. The policy itself does not require age-specific provisions, as applications will be considered on their individual merits and any relevant personal circumstances will be taken into account where appropriate. IIA amendment IIA – Mitigating Actions Would cat flap example apply here? i.e. if we are now allowing cat flaps as it has been interpreted above, would we make decisions on that based on individual circumstances (i.e. an elderly person who has a cat as their only company may need a cat flap) Cat flaps have not been included as an equality mitigation example because the policy position remains that they would not normally be approved due to property, safety or asset management considerations. The Council retains discretion to consider exceptional circumstances, including relevant Equality Act obligations and any legal duty to make reasonable adjustments. No IIA change Page 104
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APPENDIX IV Page 106
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Estate Management Policy Version History Version Date Author Changes Made Approved By 1.0 2.2.2005 Housing Policy Initial policy agreed Communities Committee 1.1 18.6.2026 Housing Policy Full policy review Housing and Community Safety Committee 1.2 Housing Policy Revised draft policy post consultation. Amendments noted in italics. Housing and Community Safety Committee Index Date of Creation 24 April 2026 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 (for implementation on TBC) Approver (Committee) Housing and Community Safety Committee Date Approved TBC Next Review Date 2029 or earlier if required by legislative or guidance changes Section 1 Scope of the policy Section 2 Strategic context Section 3 Objectives and principles of the policy Section 4 Estate management activities Section 5 Legal and regulatory framework Section 6 Equalities, rights and socio-economic requirements Section 7 Confidentiality and data protection Section 8 Inter-agency working Section 9 Roles and responsibilities Section 10 Estate audits and improvements Section 11 Estate Caretaking Section 12 Common areas Section 13 Gardens Section 14 Household refuse disposal and litter Section 15 Visual appearance of estates Section 16 Vehicle parking Section 17 Pest problems Section 18 Enforcement action Section 19 Reviews and complaints Section 20 Monitoring and policy review APPENDIX A Scottish Social Housing Charter Outcomes Page 107
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1. Scope of the policy 1.1 This policy sets out the framework for estate management activity relating to land, housing estates and property that is owned and managed by the Housing Service. Estate management focuses on the effective management of the environment around Housing Service properties and common areas, to ensure neighbourhoods are safe, attractive and well maintained. 1.2 The policy reflects the Council’s role as landlord and supports the delivery of safe, secure and sustainable neighbourhoods, in line with statutory responsibilities and good practice. 1.3 The policy applies to all housing estates owned and managed through the Housing Revenue Account, including mixed tenure areas. 1.4 A preventative and proactive approach underpins this policy, recognising the importance of early intervention and prompt action to ensure that estates do not deteriorate and continue to be places where people want to live. 1.5 Tenant participation and community engagement are central to effective estate management and are essential to the successful delivery of this policy. 2. Strategic context 2.1 The Estate Management Policy will support the delivery of the Local Housing Strategy, Corporate Plan and the Moray 10 Year Local Outcomes Improvement Plan. It will also assist the Council to achieve the objectives of the Tenant Participation Strategy and promote tenant satisfaction within their neighbourhood. 2.2 The policy aligns with: • the Community Planning priorities to build stronger communities, achieve safer communities and protect and enhance the environment; and • the Community Safety and Antisocial Behaviour Strategy, particularly actions to improve the quality of the physical environment through reducing vandalism, graffiti, litter, dog fouling, noise nuisance and abandoned vehicles. 3. Objectives and principles of the policy 3.1 The aim of the Estate Management Policy is to support tenants’ right to quiet enjoyment of their homes by maintaining neighbourhoods that are safe, attractive and well cared for. The policy establishes clear standards, responsibilities and approaches to management and enforcement to support this aim. 3.2 The specific objectives of the Estate Management Policy are to: • take a proactive and preventative approach to estate management; • maintain high standards of cleanliness, safety and environmental appearance; Page 108
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• ensure residents understand their responsibilities and are supported to meet them; • encourage tenant involvement and shared responsibility, including reporting estate management issues; • work in partnership where issues fall outside the Housing Service’s direct control; • contribute to safe, secure and sustainable communities; and • ensure enforcement action is lawful, proportionate, consistent with the tenancy agreement and aligned with good practice. 3.3 The principles underpinning the Estate Management Policy are: • compliance with relevant legislation and adoption of good practice; • consistent application of agreed procedures and standards; • appropriate training and support for staff; and • clear, plain language communication with residents and service users. 4. Estate management activities 4.1 Estate management relates to the physical condition and environmental quality of housing estates and includes: • estate caretaking; • maintenance and cleaning of common areas; • grounds maintenance; • refuse collection and management of fly tipping; • management of parking and the removal of abandoned vehicles; • removal of graffiti; • estate inspections, audits and walkabouts; and • providing advice, assistance and signposting to residents. The above list is not exhaustive and demonstrates the range of issues which contribute to effective estate management. 4.2 Estate management is affected by wider housing issues such as allocations, neighbour disputes and antisocial behaviour, pets, permissions, noise, repairs and the mixed tenure nature of estates. These issues are addressed by other housing service policies and procedures but have an important relationship with the Estate Management Policy. 5. Legal and regulatory framework 5.1 Moray Council will ensure that the Estate Management Policy complies with relevant legislation, including: • The Housing (Scotland) Act 2001 • The Housing (Scotland) Act 2010 • The Housing (Scotland) Act 2014 • The Tenement (Scotland) Act 2004 • The Dog Fouling (Scotland) Act 2003 • The Antisocial Behaviour etc. (Scotland) Act 2004 Page 109
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• The Removal and Disposal of Vehicle Regulations 1986, as amended by the Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002) • The Data Protection Act 2018 • UK General Data Protection Regulations (UK GDPR) • The Equality Act 2010 • The Human Rights Act 1998 Scottish Secure Tenancy 5.2 The Scottish Secure Tenancy (SST) and short Scottish Secure Tenancy (SSST) agreement sets out the rights and obligations of both tenants and landlords in relation to the use of the property and common parts. It is a legally binding document and by signing the SST/ SSST at the start of a tenancy both parties agree to adhere to its conditions. 5.3 Tenants are responsible for ensuring that members of their household and visitors comply with tenancy conditions and do not cause nuisance or damage within the estate. 5.4 The policy is consistent with the terms and conditions of the Scottish Secure Tenancy (SST) and short Scottish Secure Tenancy (SSST) agreement. It reinforces existing tenant responsibilities and does not introduce new or unreasonable requirements. 5.6 In delivering the Estate Management Policy, the Housing Service will respond to breaches of an SST / SSST agreement, within the limits of resources and cost effectiveness of available remedies. The response to a breach of tenancy will be proportionate to the severity of the evidenced problem. Where enforcement or recharge is proposed, the policy adopts a proportionate, staged approach consistent with SST / SSST conditions and good practice. Scottish Social Housing Charter 5.7 The Scottish Social Housing Charter sets standards and outcomes that describe the results that tenants and others who use their services can expect from social landlords. The relevant outcomes are set out in APPENDIX A. 6. Equalities, rights and socio-economic requirements 6.1 Moray Council is committed to preventing discrimination, advancing equality of opportunity and fostering good relations. In delivering this policy, the Council will comply with the Equality Act 2010, Human Rights Act 1998, the Fairer Scotland Duty and the United Nations Convention on the Rights of the Child (UNCRC). This includes: • making reasonable adjustments for disabled tenants; • identifying and addressing barriers experienced by marginalised groups; • adopting an inclusive and non-discriminatory approach to decisions on estate management issues; and • monitoring outcomes to avoid disproportionate impacts on protected groups. Page 110
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6.2 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 Estate Management Policy does not discriminate between individuals with one or more of the following protected characteristics: age, disability, gender reassignment, marital status/civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation. 6.3 In accordance with the Public Sector Equality Duty (PSED), the Housing Service will have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity and foster good relations between people who share protected characteristics and those who do not. 6.4 Disability-related needs and requests for reasonable adjustments will be considered in accordance with the Council's duties under the Equality Act 2010 and relevant corporate policies, procedures and guidance. The Housing Service will seek to ensure that disabled tenants and service users are not placed at a substantial disadvantage when accessing housing services or when estate management decisions are made. 6.5 Detailed arrangements relating to the assessment of disability-related needs, consideration of reasonable adjustment requests, recording of Equality Act considerations and decisions, communication methods, reviews and complaints will be managed through corporate procedures and staff guidance. 6.6 The Housing Service will: • communicate with tenants and service users using clear and concise plain language to aid the understanding of important information; • make information available in alternative formats, where required; and • provide interpretation and translation services free of charge, where required. 7. Confidentiality and data protection 7.1 The Council will treat all tenants with courtesy, sensitivity and complete confidence and ensure that any information given to it as part of the estate management process will be used in accordance with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018. Relevant privacy notices will advise applicants how personal information may be collected, used, stored, shared and securely disposed of and the legal basis for doing so and what their Data Subject Rights are. 8. Inter-agency working 8.1 The Housing Service acknowledges that services for Council tenants cannot be delivered in isolation and recognises that effective estate management relies on partnership working across Council services and external agencies. It will work collaboratively with all involved to promote safe and secure environments. Page 111
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8.2 The Housing Service will: • work with tenants, residents (owners and non-tenants) and other key stakeholders, including Police Scotland, the Community Safety Team, Environmental Health, Roads and Open Spaces to promote safe, secure and well maintained environments; and • respond proactively to issues and will liaise at the earliest opportunity with other relevant partners. 8.3 Inter-agency working will: • assist in identifying and resolving issues such as lighting concerns, discarded refuse, vandalism and abandoned vehicles; and • provide opportunities for tenants and residents to contribute to decisions affecting their estates and support the development of safe, strong and attractive communities. 9. Roles and responsibilities 9.1 The Housing Service is responsible for ensuring that the appearance and cleanliness of Council-owned properties and surrounding estate environments are maintained to the highest reasonable standard and that tenancy conditions are enforced fairly and consistently. However, attractive and well cared for estates can only be achieved through partnership and cooperation with tenants and residents. Shared responsibility between tenants and staff is essential to maintaining high standards and ensuring that estates remain safe, welcoming places to live. All residents are expected to have regard for others living within the estate. Housing Service responsibilities 9.2 The Housing Service has a proactive role in managing estates and supporting residents. This includes: • carrying out regular estate inspections to ensure housing stock and surrounding environments are clean, tidy and safe; • identifying estate management issues through inspections, tenant visits, maintenance contractor activity and reports from residents; • maintaining a visible presence on estates and engaging regularly with residents; • providing clear information to tenants about their responsibilities under the tenancy agreement; • offering advice and assistance to residents, including signposting to support services where appropriate; • supporting and encouraging tenant engagement, including participation in estate walkabouts; • taking early, proportionate and appropriate action to address breaches of tenancy conditions where necessary; and • working with other Council services and external agencies to resolve issues outside the Housing Service’s direct control. Page 112
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9.3 When contacting residents about estate management issues, the Housing Service will: • use clear and accessible communication methods to explain the issue and the action required to resolve it; • provide contact details and advice to help residents take appropriate action; • maintain a clear audit trail of contact and actions taken; and • monitor agreed outcomes to ensure issues are resolved and estate standards are maintained. Tenant responsibilities 9.4 Tenants play a key role in maintaining estates and have responsibilities under their tenancy agreement to take care of their home and the surrounding environment. This includes: • complying with the terms of the SST / SSST, including responsibilities relating to gardens and common areas; • reporting estate management concerns and repairs; • having regard for others living within the estate; and • contributing views, ideas and feedback to support service improvement and estate management planning. 9.5 Tenant responsibilities are explained and reinforced: • during the tenancy sign up process; • at the tenant settling in visit, normally within six weeks of the tenancy starting; and • through ongoing contact and follow up visits during the tenancy. 9.6 Tenants are also provided with information through: • SST / SSST / occupancy agreements; • Tenants’ Handbook; • Tenants’ Voice newsletters; • leaflets (available online, in hard copy and alternative formats on request); • the Moray Council website; • Council social media updates; and • direct communications from the Housing Service. 9.7 Estate management may involve tenants, owners and other residents. All estate management issues are treated with equal priority regardless of tenure. However, the range of actions available to the Council in respect of property owners is more limited and will reflect relevant title conditions and legislation. 9.8 All residents are expected to have regard for others living within the estate and to report issues that affect the safety, appearance or enjoyment of the neighbourhood. Page 113
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9.9 Roles and responsibilities in estate management are summarised below: Roles Responsibilities Tenants Comply with SST / SSST, including garden maintenance, reporting issues. Participate in Estate Walkabouts Have regard for others in the estate Elected Members Participate in Estate Walkabouts Residents Complying with title deeds / tenancy agreements, reporting issues Have regard for others in the estate Estate Caretakers Carrying out inspections, supporting tenants, liaising with other agencies and stakeholders, enforcing required standards Area Housing Officer Liaising with tenants, other agencies and stakeholders, enforcing required standards Area Housing Manager Overseeing the consistent operation of the Estate Management Policy and Procedure Customer Engagement Officer Facilitating and promoting estate walkabouts DLO Carry out maintenance and repair of buildings and infrastructure Community Safety Team Address antisocial behaviour Open Spaces Grass Cutting and communal garden/land area maintenance Environmental Health Includes public health concerns / risks, waste management including fly tipping 10. Estate audits and improvements Estate Improvement Budget 10.1 The Estate Improvement Budget is used to deliver strategic improvements within multi-tenure estates and forms part of the Council’s wider Housing Investment Plan. The budget is funded through the Housing Revenue Account and is agreed annually. 10.2 The Estate Improvement Budget supports a collaborative approach to estate management, enabling tenants, Elected Members and officers to work together to identify, prioritise and deliver estate improvement projects. 10.3 Each Area Housing Manager will maintain an annual estate audit programme. Audits, completed no later than May each year, identify concerns, repairs and investment priorities and inform estate walkabouts which take place in August / September. These provide an opportunity to collectively agree which estate upgrades will be considered for completion in the next financial year. Page 114
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10.4 To maximise tenant participation, the Customer Engagement Officer will contact tenant representatives and will promote estate walkabouts on the Moray Council website and across social media platforms. 10.5 Agreed works will be communicated to tenants and monitored to completion. 10.6 The Housing Service will plan, control and monitor estate management expenditure to ensure it remains within approved budgets. 11. Estate Caretaking 11.1 The Housing Service provides an Estate Caretaking Service across all housing management areas. The service is targeted at areas identified by the Area Housing Manager as requiring additional monitoring or intervention. Role of the Estate Caretaking Service 11.2 The Estate Caretaking Service will monitor the general environmental conditions of the estates and works proactively to identify and address issues. This includes but is not restricted to: • inspections of common areas, such as stairways, external pathways, garden areas, amenity areas etc; • monitoring the condition of Council owned gardens and estates; • dealing with complaints relating to common areas and garden areas; • referring non-housing issues or complaints to the appropriate Council service or external agency; • monitoring responses to referrals and complaints; and • liaising with relevant staff, service and partner agencies. Estate inspections and access 11.3 In order to support effective tenancy and estate management, the Council will undertake routine inspections of the neighbourhood, including tenant gardens. There may be occasions where the Council will visit unannounced. Such visits will only take place where they are reasonable and proportionate to the purpose of the visit. 11.4 Where unannounced visits are not convenient, the tenants retain the right to request a future visit be made at a mutually convenient time. This will be confirmed in writing. 11.5 Where access to the property is required for the purpose of the visit, the tenant will be provided with a minimum of 24 hours’ notice in writing, unless this is to carry out necessary emergency work. 11.6 The Estate Caretaker will report routine repairs, which will be undertaken within relevant timescales as set out in the Response Repairs Policy. Page 115
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11.7 Staff will ensure that a robust and transparent audit trail of all estate management activity undertaken is completed. Records will be monitored to ensure appropriate actions are taken and outcomes achieved. 12. Common areas 12.1 Housing Service and tenant responsibilities for common areas are set out in the SST / SSST. The responsibility of owners for common areas is set out in their title deeds. Definitions and standards 12.2 Common areas include entrance doorways, stairs, bin stores, drying areas, pathways and parking areas. 12.3 The Council will ensure that all common areas are: • appropriately located to meet residents’ needs; • regularly inspected to identify and address issues at an early stage; • maintained to a high standard; • kept clean, safe, and secure; • repaired within established timescales when faults or damage are reported or identified; • free from graffiti, litter, and unwanted items; and • adequately serviced and lit, ensuring usability and safety, particularly in communal and outdoor areas. 12.4 Where recurrent problems arise, such as repeated vandalism, dog fouling or fly tipping, Area Housing teams will work in partnership with Community Wardens, the police and relevant agencies to resolve issues effectively. Communal area cleaning 12.5 Section 2.9 of the SST / SSST agreement sets out tenants’ obligations for cleaning communal areas. In mixed-tenure communal blocks, the title deeds for each property will specify the areas for which the owner is responsible, including cleaning duties. If the title deeds do not clearly define these responsibilities, the Tenements (Scotland) Act 2004 will apply. This establishes a Tenement Management Scheme that provides a default framework for managing and maintaining tenements, including shared cleaning duties. 12.6 The Council will ensure that residents keep communal access clean and tidy. This includes but is not restricted to regularly cleaning, washing and tidying of common stairs, windows and banisters. 12.7 Where residents cannot agree on the arrangements, or where cleaning is not of an acceptable standard, the Council will decide responsibilities, following consultation with residents. If residents do not comply, enforcement action may be taken in accordance with terms of the SST / SSST agreement and title deed conditions. This may include the Council completing the required cleaning and recharging tenants and owners for the associated costs. Page 116
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13. Gardens 13.1 Gardens will be inspected during wider estate walk rounds (where accessible) and in response to comments or complaints from other residents. Individual garden maintenance 13.2 The Council will ensure that tenants are aware of the standards to which their gardens must be maintained, in accordance with their SST / SSST Agreement. 13.3 Where a garden is not maintained to a reasonable standard, the Housing Service will: • Investigate whether there is a valid reason for the condition of the garden. • Notify the tenant of the actions required to bring the garden up to the standard, allowing 14 days for compliance. • Reinspect the garden after 14 days: o If no improvement is identified, the tenant will be contacted and advised that they have a further 14 days to resolve the issue. If the issue is not resolved, the Council will arrange for the work to be completed, and the tenant will be recharged in accordance with the tenancy conditions. • If the issue remains unresolved: o Advise the tenant that they are in breach of their tenancy conditions. o Provide details of the work to be completed, the estimated cost, and their right to request a review of the decision. • Arrange for the completion of the necessary work and recharge the tenant accordingly, in line with tenancy conditions. Owners’ garden maintenance 13.4 Owners are fully responsible for their own gardens. If an owner neglects to maintain their garden to the point that it is causing a nuisance, the Council's Environmental Health Section will be notified where there may be any potential health risk and may take statutory action to abate the nuisance if necessary or Open Spaces if the nuisance relates to overgrown vegetation onto a public space. Shared garden maintenance 13.5 The Council will ensure that tenants and owners maintain shared gardens in accordance with the responsibilities set out in SST / SSST Agreements and title deeds. 13.6 Where tenants and owners who share a communal garden cannot agree maintenance responsibilities, or fail to complete the work, the Housing Service will decide, following consultation with tenants and owners, who is responsible for specific actions. In such cases the Housing Service will: • Investigate and establish if the person(s) responsible are known and determine if there is a valid reason for the condition of the garden. • Notify the tenant(s) or owner(s) of the required actions to improve the garden, allowing 14 days for compliance. • Reinspect the garden after 14 days: Page 117
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o If no improvement is identified, then contact the tenant(s) or owner(s) and advise that if the issue is not resolved within 14 days, the Council will arrange for the work to be completed, and costs recharged proportionally. • If the issue remains unresolved: o Advise the tenant(s) and/or owner(s) that they are in breach of their tenancy and/or title deeds. o Provide details of the work to be completed, the estimated cost, and their right to request a review of the decision. • Arrange for the completion of the necessary work and recharge the tenant(s) and/or owner(s) for their share of the work in accordance with tenancy and title deed conditions. Communal gardens and areas 13.7 Communal gardens or areas are intended for shared use by residents of a particular block or group of properties. Where this land is identified as Council-maintained, Open Spaces will be responsible for grounds maintenance. 14. Household refuse disposal and litter 14.1 The Council will ensure that appropriate and well-sited facilities are provided for refuse disposal and recycling and will maintain any communal bin stores. 14.2 The Housing Service will provide tenants with information on refuse disposal at the start of their tenancy, including the arrangements for the uplift of refuse and recyclable material. 14.3 All residents are responsible for ensuring that their refuse and recyclable material is disposed of safely, tidily and in the correct recycling bins provided by the Council. Residents are responsible for purchasing garden waste permits, where appropriate. 14.4 The Housing Service will provide residents with information on the disposal of large household items and items which may be regarded as hazardous. 15. Visual appearance of estates 15.1 The Housing Service has a cyclical contract with Open Spaces for the pruning and maintenance of landscaped areas. Due to the weather dependant nature of the work, the programme is subject to flexibility. The Housing Service will monitor the condition of landscaped areas and will contact Open Spaces and discuss the best resolution for any bushes or trees considered a danger to the public or are dead and unsightly. Grounds maintenance 15.2 The Council will ensure that work is undertaken on a routine basis to ensure that communal areas on housing estates are maintained to a good standard. Grounds maintenance will take place between March and October weather permitting with the inclusion of strimming, tree maintenance, shrub pruning and weed control, where appropriate. Page 118
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15.3 Council owned play areas will be maintained and regularly inspected to ensure they are safe to use. Graffiti 15.4 The Council will, subject to financial constraints, provide a free graffiti removal service across Moray. The Housing Service will take photographs of any graffiti and report it within one working day to the Community Safety Team who will address the issue in line with the Moray Council Graffiti Policy: • offensive graffiti, including graffiti that is racist, sexist, homophobic, abusive or discriminatory, will be prioritised and removed within 48 hours of being reported, where reasonably practicable; and • all other reported graffiti will normally be removed within 14 days of being reported, subject to available resources. Dog fouling 15.5 The Dog Fouling (Scotland) Act 2003 applies to any public open place, which is defined as: • “any place which is open to the open air and to which the public or any section of the public has access on payment or otherwise;” and • “any common passage, close, court, stair, back green, yard or other similar common area.” 15.6 Housing staff will work proactively with Community Wardens to address issues of dog fouling on housing estates. Where appropriate, Fixed Penalty Notices may be issued. 15.7 Estate Caretaking staff will record and monitor incidents of dog fouling in gardens and communal areas and will take escalating action as appropriate. This may range from contacting the tenant or owner to arranging professional cleaning and recharging the tenant or owner. Disposal of land 15.8 The Council will consider the disposal of land. When deciding whether to dispose of land, the Council will take into account the overall impact of its disposal on individual estates and the wider community. Litter 15.9 Litter detracts from the visual appearance of areas and may contribute to wider environmental problems, including attracting rodents and causing infestations. Housing management staff will be proactive in identifying problem areas and ensure that prompt action is taken. Fly-tipping 15.10 Fly-tipping is a serious criminal offence, which can have a harmful impact on communities. It is defined as the illegal disposal of waste in unauthorised locations and can pose risks to both the environment and public health. Page 119
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15.11 The Housing Service will work together with other Council services and external agencies to identify fly-tipping, share information and arrange for the safe disposal of fly-tipped rubbish. The Housing Service will aim to remove fly- tipping from land it owns within seven working days. Hazardous items, such as needles, toxic waste or flammable materials, will be treated as a priority and removed as soon as reasonably practicable. 15.12 Where unauthorised items are left outside a property or within a shared area, Housing staff will attempt to establish ownership of the items and request that the person removes the rubbish as a matter of urgency. Housing staff will provide information on the bulky uplift service and monitor if the items are removed. Where items remain, staff will arrange for the items to be uplifted and where relevant, recharge the tenant or owner for the relevant cost. 16. Vehicle parking 16.1 As a landlord the Council does not provide dedicated parking for all properties. Where dedicated parking is provided within the boundary of the property, vehicles must be parked on a properly constructed and appropriately sized hard standing, driveway, paved parking area or within a garage. 16.2 Residents must be considerate of others and park vehicles in a manner that does not cause nuisance, obstruction or damage to estate environments. Vehicles should not be parked on pavements, or grassed or landscaped areas managed by the Council, where this causes damage or detracts from the appearance of the estate. 16.3 Tenants must not store or keep vehicles, including (but not limited to) motorbikes, road scooters, quad bikes or other fuel-powered motorised vehicles, inside the property or within communal areas of blocks of flats. Parking standards and monitoring 16.4 The Housing Service will: • take a proactive but proportionate approach to identifying and responding to parking related issues on housing estates, including abandoned, untaxed and unroadworthy vehicles, where these may pose a danger, cause nuisance or create an unsightly environment; and • focus on early engagement, advice and partnership working with relevant agencies, including Police Scotland, to address parking concerns proportionately. 16.5 Housing staff will carry out inspections of land owned by the Housing Service to monitor parking conditions. In doing so, the Housing Service will seek to ensure that vehicles are: • be parked on land intended for or designated for parking purposes; • parked within the boundaries of a designated parking space or driveway; and • not causing nuisance, obstruction or annoyance to neighbouring residents or visitors. Page 120
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Resident responsibilities and permissions 16.6 The Council will ensure that residents are aware of their responsibilities in relation to vehicle parking under the terms of their tenancy agreement or title deeds. 16.7 Tenants must seek the Council’s permission where required under their tenancy conditions before using Housing Service land in a way that differs from its intended purpose. For example, permission may be required to park a caravan, trailer, motorhome or similar vehicle within a garden or on other Housing Service land. Requests will be considered reasonably and in line with relevant policies. 16.8 Vehicle repairs should not be carried out at a property where this is likely to result in nuisance or annoyance to neighbours, pollution to the locality, or damage to the interior or exterior of the property. Garages, driveways and alterations 16.9 Any tenant wishing to construct a driveway or garage must apply for written permission in advance. In line with the Permissions Policy, consent will not be unreasonably withheld. 16.10 Residents are responsible for obtaining any additional consents required for such works, including planning permission and building warrants where applicable. Vehicle condition and residential car parks 16.11 Where residential car parks are provided, vehicles parked within them must be roadworthy and, where required by law, taxed and insured. There may be constraints on the enforcement action the Council is able to take, particularly where estates comprise unadopted land. In such cases, the Housing Service will focus on engagement, advice and partnership working, including liaison with Police Scotland and other relevant agencies where appropriate. Larger and commercial vehicles 16.12 The parking of lorries or other large or commercial vehicles within residential areas may cause nuisance or obstruction. Such vehicles should not be parked within designated residential areas without prior written consent from the Council, where required under tenancy conditions. Abandoned vehicles 16.13 The Council has statutory powers to deal with abandoned vehicles under: • Section 3 of The Refuse Disposal (Amenity) Act 1978 • The Road Traffic Regulation Act 1984; and • The Removal and Disposal of Vehicles Regulations 1986. These powers apply primarily to vehicles that are abandoned, dangerously parked or unlawfully present on public highways. Page 121
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Action on Council owned land 16.14 Where the Housing Service reasonably believes that a vehicle has been abandoned on land owned by the Council, Estate Caretaking staff will investigate to establish ownership and determine whether the vehicle is abandoned. • Where ownership is identified, the owner will be contacted and requested to remove the vehicle. • Where ownership cannot be established, an ‘under investigation’ notice will be placed on the vehicle. 16.15 If the vehicle remains following expiry of the notice period, the matter will be referred to the Community Safety Team for further action. Where appropriate and lawful, the vehicle may be removed or disposed of using statutory powers. Any action taken will be proportionate and consistent with tenancy conditions and relevant legislation. 17. Pest problems 17.1 The Housing Service aims to ensure all properties in its ownership are free of vermin, pest and insect infestation. 17.2 Tenants are responsible for taking action to resolve minor pest problems such as ants, mice, bees, or wasps. For example, by trying home remedies or using a pest control contractor. The Housing Service can provide guidance and information about how to deal with pest infestations. 17.3 Where infestation can be directly attributed to a tenant's living conditions or habits the Housing Service will advise the tenant on how best to rectify the situation and ensure it does not re-occur. 18. Enforcement action 18.1 Estate Management may involve tenants and / or owners. Estate management issues will be given the same degree of priority regardless of tenure type. The Housing Service will ensure early intervention and prompt action is taken to avoid issues escalating and becoming unmanageable. 18.2 The Housing Service will respond to breaches of the SST / SSST Agreements and title deeds within the limits of resources and costs of remedies. The response to a breach of tenancy issue will be proportionate to the severity and frequency of the issue. The Housing Service will take account of individual circumstances and support needs when responding to breaches of tenancy. 18.3 The Housing Service will attempt to resolve problems using escalating actions. Where actions are unsuccessfully exhausted, other means available to address these issues, legal remedies may be used. However, there will be restrictions on the action that that the Housing Service can take in cases where estate management issues are related directly to the actions of an owner. Page 122
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18.4 Enforcement action includes but is not restricted to: • verbal or written warnings; • breach of tenancy notices; • referral to the Community Safety Team or Legal Services; • issuing a Notice of proceedings for recovery of possession; and • eviction action, where considered reasonable and proportionate and where other actions have failed to resolve the issues or where the housing related debt incurred to resolve the issues has not been repaid or a repayment agreement made. 18.5 In the event that legal action is instigated, the Housing Service will: • work closely with all relevant agencies; • continue to try and engage with the tenant to address and resolve the issue; and • make sure that the case is well coordinated and substantiated with necessary evidence. 19. Review and complaints 19.1 Any tenant or resident who is not satisfied with the handling of an estate management issue should raise the matter with the relevant Area Housing Officer in the first instance. If the issue remains unresolved, they can request a review be undertaken, by writing to the relevant Area Housing Manager. If the tenant is not completely satisfied with the outcome of the case, they can request that it is referred to the Service Manager Housing Operations for their consideration. 19.2 Any tenant or resident who is not fully satisfied with the handling of an estate management issue can escalate the case through Moray Council Corporate Complaints Process. 20. Monitoring and policy review 20.1 The Housing Service will set performance standards in relation to its Estate Management Policy and will monitor its achievement of these standards. 20.2 In order to comply with its service commitments, the Council will monitor the following: • level of tenant satisfaction with the environment in their estate (identified by the Tenants’ Survey carried out periodically); • number of estate management related complaints each year, by reason; and • annual expenditure on repairs and maintenance arising from criminal damage by area. 20.3 The Estate Management Policy will be reviewed in 2029. Page 123
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APPENDIX A The Scottish Social Housing Charter outcomes relevant to the Estate Management Policy are: Outcome 1: 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. Outcome 2: 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. Charter Outcome 3: Participation Social landlords manage their businesses so that: • tenants and other customers are offered a range of opportunities that make it easy for them to participate in and influence their landlord's decisions at a level they feel comfortable with. Charter Outcome 4: Quality of housing quality Social landlords manage their businesses so that: • tenants' homes, as a minimum, when they are allocated are always clean, tidy and in a good state of repair, meet the Scottish Housing Quality Standard (SHQS), and any other building quality standard in place throughout the tenancy; and also meet the relevant Energy Efficiency and Zero Emission Heat Standard. Charter Outcome 6: Estate management, anti-social behaviour, neighbour nuisance and 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. Charter 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, including services provided directly by the landlord and by other organisations. Charter Outcome 13: Value for Money Social landlords manage all aspects of their business so that: • tenants, owners and other customers receive services that provide continually improving value for the rent and other charges they pay. Page 125
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APPENDIX V Permissions Policy Date of Creation April 2026 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 (for implementation on TBC) 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 18.6.26 Housing Policy Initial draft policy Housing and Community Safety Committee 1.1 Housing Policy Revised draft policy post consultation. Amendments noted in italics. Housing and Community Safety Committee Index Section 1 Scope of the policy Section 2 Strategic context Section 3 Objectives and principles of the policy Section 4 Legislation and good practice Section 5 Equality and diversity Section 6 Confidentiality and data protection Section 7 When permission is required Section 8 Application process Section 9 Assessment of applications Section 10 Refusal of permission Section 11 Consent and conditions Section 12 Retrospective permissions Section 13 Reviews and appeals Section 14 Review of the policy APPENDIX A Compensation for improvements Page 127
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1. Scope of the policy 1.1 This policy provides the framework for Moray Council tenants who want to make changes to their property or how it is used under a Scottish secure tenancy (SST) or short Scottish secure tenancy (SSST). It reflects statutory requirements and the rights and responsibilities contained within the SST. 1.2 Moray Council recognises that tenants may want to improve or adapt their homes beyond basic internal decoration or change how they use it. The Council supports tenants in making reasonable improvements that enhance the quality, safety and usability of their homes. However, written permission must always be obtained before any work starts or any change in use takes place. 1.3 Depending on the type of permission requested, Moray Council may attach reasonable conditions, including requirements relating to: • standards of workmanship; • use of qualified contractors; • statutory approvals (e.g. planning or building warrants); or • operating a business from the property. 1.4 This policy applies to all Moray Council tenants with an SST or SSST. 1.5 The Council has separate policies and procedures where permission is required for: • assignations and successions; • subletting or taking in a lodger; • joint tenancies and mutual exchanges; and • pets. 2. Strategic context 2.1 This policy will assist the Council to meet the aims and priorities as set out in the 2024-2029 Moray Corporate Plan and the Moray 10 Year Local Outcomes Improvement Plan. 3. Objectives and principles of the policy 3.1 The policy aims to set out how the Housing Service considers requests by Moray Council tenants who request permission to alter their house or change its use. 3.2 The objectives of this policy are to: • provide a clear understanding of the obligations and rights of both tenants and the Council as landlord; • ensure a fair, transparent and consistent approach to permission requests; • provide clear criteria for refusing or granting permission, along with any associated conditions; • ensure any work is carried out safely, legally, and to an acceptable standard; • prevent nuisance or harm to neighbours or the wider community; and Page 128
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• protect the Council’s housing stock and future allocation of properties. 3.3 The principles of this policy are: • it will comply with the legal framework and adopt good practice; • detailed procedures and agreed practices will be implemented uniformly across the service; and • supporting information resources and communication with tenants will use “plain language.” 4. Legislation and good practice 4.1 Moray Council will ensure that the Permissions Policy complies with the following current legislation and promotes good practice. • Housing (Scotland) Act 2001 • Housing (Scotland) Act 2025 • The Data Protection Act 2018 • UK General Data Protection Regulations (UK GDPR) • The Equality Act 2010 • The Human Rights Act 1998 4.2 The policy is aligned to the terms and conditions of the Scottish Secure Tenancy (SST) / short Scottish Secure Tenancy (SSST) agreement and aims to ensure that there is a clear understanding of the obligations of both tenants and the Council as the landlord. 4.3 The Scottish Housing Regulator (SHR) uses the outcomes and standards in the Scottish Social Housing Charter to assess the performance of social landlords. The key outcomes that have been considered in the development of this policy are: Outcome 1: 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. Outcome 6: 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. 5. Equalities, rights and socio-economic requirements 5.1 Moray Council will comply with the Equality Act 2010, Human Rights Act 1998, Fairer Scotland Duty (socio-economic inequality) and the United Nations Convention on the Rights of the Child (UNCRC) by: • making reasonable adjustments for disabled tenants; • understanding and addressing barriers faced by marginalised groups; • assessing requests in a non-discriminatory and inclusive way; Page 129
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• considering disability-related needs and accessibility requirements when determining permission requests; and • monitoring outcomes to avoid disproportionate impacts. 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 Permissions 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 Permissions 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 Disability-related needs and requests for reasonable adjustments will be considered in accordance with the Council's duties under the Equality Act 2010 and relevant corporate policies, procedures and guidance. 5.5 Detailed arrangements relating to the assessment of disability-related needs, consideration of reasonable adjustment requests, recording of Equality Act considerations and decisions, communication methods, reviews and complaints will be managed through corporate procedures and staff guidance. 5.6 The Housing Service commits to: • communicating with tenants and service users in clear and concise plain language to help with the understanding of important information; • developing and providing information and advice in alternative formats where necessary; and • providing interpretation and translation services free of charge, where required. 6. Confidentiality and data protection 6.1 The Council will treat all tenants with courtesy, sensitivity and complete confidence and ensure that any information given to it as part of the permissions process will be used in accordance with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018. Relevant privacy notices will advise applicants how personal information may be collected, used, stored, shared and securely disposed of and the legal basis for doing so and what their Data Subject Rights are. Page 130
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7. When permission is required 7.1 The Scottish secure tenancy regime sets out the types of alterations and/or improvements that need permission. Tenants with a SST or SSST must obtain written consent before making changes to their tenancy or property, including: • altering, improving or enlarging the house, or its fixtures; • installing fittings or fixtures (e.g. kitchen or bathroom installations, heating, double glazing, or any kind of external aerial or satellite dish); • installing laminate or hardwood flooring; • erecting a garage, shed or other structure (this can include fence, wall, summerhouse, greenhouse, cold frame); • decorating the exterior of the house; • installing CCTV or video doorbells; or • running a business from the home (e.g. childminding). This list is not exhaustive. 7.2 Permission is not required for internal decoration such as painting, wallpapering or laying carpets. 7.3 Certain requests would not normally be approved because of health and safety considerations, property suitability, legislative requirements, asset management considerations or the potential impact on neighbouring residents. Examples may include: • installing a cat flap (which may affect property security, insulation, future repair liabilities and the longer term management of the Council’s housing stock); • installing laminate or hardwood flooring in upstairs flats; and • other alterations identified by the Housing Service as unsuitable for particular property types. The Housing Service will publish guidance on instances where permission requests will not normally be approved on its website. Each application will be considered on its individual merit. The Council retains discretion to consider exceptional circumstances, including disability-related needs, requests for reasonable adjustments and its obligations under the Equality Act 2010. 8. Application process 8.1 Tenants must apply via the online application form for permission to carry out any works to the property or change in its use. Work must not begin until they obtain written consent. 8.2 Tenants are responsible for: • obtaining any necessary planning permission, building warrants or licences and submitting valid paperwork with their application; • using suitably qualified contractors where required; • applying for and providing evidence of statutory approvals and certification needed; and • notifying the Housing Service when works are completed. Page 131
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8.3 In line with the Housing (Scotland) Act 2001, the Housing Service will: • consider requests on an individual basis; • not unreasonably withhold consent; and • notify the tenant in writing of its decision within 28 days of receipt of the written application. The written notice will confirm if permission is granted or refused, outline any conditions attached, or explain the reasons for refusal. If a decision is not given within this timescale, then consent is automatically deemed to have been granted. 9. Assessment of applications 9.1 Applications will be considered on an individual basis. When assessing applications, the Housing Service will consider: • compliance with legal and health and safety requirements; • equality and accessibility considerations; • any request for reasonable adjustments under the Equality Act 2010; • the type of accommodation and impact on the fabric of the building, including potential noise, where appropriate; • effects on neighbours or the wider neighbourhood; • tenant history (rent, antisocial behaviour, tenancy conduct), where appropriate; • planned maintenance or investment programmes; and • whether refusal would be reasonable and proportionate. 9.2 Where appropriate, specialist staff will be consulted as part of the assessment process. For example, requests to alter the fabric of the building such as a kitchen replacement will be referred to the Housing Asset team for assessment. 9.3 Where a tenant is asking for permission to alter a new build property, while it is still in defects (within the first year), specialist staff will be consulted and advice obtained. 10. Refusal of permission 10.1 In reaching a decision, the Housing Service will consider all relevant information provided by the tenant, including any exceptional circumstances, disability- related needs and accessibility requirements. It will not withhold permission unreasonably. Each request will be assessed on its individual merits. 10.2 Permission may be refused where there are reasonable grounds, including where: • the proposal poses a health or safety risk; • there is a significant cost to the Housing Service should permission be granted; • it conflicts with planned investment works; • it is likely to reduce the value of the house; or • it may cause damage or excessive reinstatement costs. Page 132
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The above list is not exhaustive. 10.3 Where permission is refused, the tenant will be notified in writing within 28 days of receipt of the application, explaining: • the reasons for the refusal; and • their right to request a review of the decision and how to request a review. 11. Consent and conditions Consent 11.1 Where consent is granted, the Housing Service will advise the tenant in writing within 28 days of receipt of the application, explaining: • the scope of the consent; • any conditions that will apply to the consent; • any certification, licensing or inspection requirements; • the tenant’s responsibility for all associated costs; and • that the tenant must inform the Housing Service once the work has been completed / change implemented. Conditions 11.2 Where permission is granted conditions may include, but are not restricted to: • using qualified contractors (e.g. plumbers, electrical installers); • obtaining and providing appropriate certification e.g. electrical installation certificates; • ensuring necessary building warrants and / or planning permission are obtained; • ensure that relevant licensing requirements are fulfilled and evidenced; and • restoring the property at end of tenancy, except where improvements qualify for compensation or are otherwise agreed. Inspections, compliance and recharging 11.3 Follow-up inspections may be required. Where work does not meet the specifications required in the conditions set out, the Housing Service will identify the extent of the work required to restore the house to its previous condition. This may be during the tenancy or at the end of their tenancy. In line with the Rechargeable Repairs Policy, the tenant will be given the opportunity to make good the work to the correct standard. Where this does not happen, the Housing Service will complete the work, and the tenant will be recharged for the cost. 11.4 Where permission has been given for a gas installation or other heating system, any response repairs requested during the first year after fitting will be the tenants’ responsibility. This should be covered by their contractor’s guarantee or should the Council carry out the work, the tenant will be recharged for the costs. Thereafter the Council will be responsible and will carry out any works needed. Withdrawal of consent 11.5 Permission may be withdrawn if: • conditions are breached; Page 133
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• the work causes nuisance or antisocial behaviour; or • the tenancy agreement is breached. Compensation for improvements 11.6 If the consent is for permission to improve the tenant’s home, they may be eligible to receive compensation for the improvement when their tenancy ends (see APPENDIX A). The Housing Service will inform them of this and of the process involved when they provide them with written consent. 12. Retrospective permissions 12.1 If a tenant carries out work or enacts the change without permission, the Housing Service may grant retrospective permission if: • the tenant was genuinely unaware that they had to apply for permission; and • the work / change meets the required standards. 13. Reviews and appeals 13.1 Any tenant who is not satisfied with the outcome of their application for permission can request a review by writing to their Area Housing Manager in the first instance. If the tenant is not completely satisfied with the outcome of the case, it will be referred to the Service Manager Housing Operations for their consideration. 13.2 If the tenant is not fully satisfied with any refusal of a permission application or the conditions provided in their specific case, they can escalate the case through Moray Council Corporate Complaints Process. 13.3 Where permission has been refused, the tenant also has a right of appeal to the Sheriff Court. 14. Review of the policy 14.1 This policy will be reviewed in 2029 or earlier if due to legislative requirements. Page 134
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APPENDIX A Compensation for improvements The Housing (Scotland) Act 2001 sets out that when a Scottish Secure Tenancy comes to an end, and the tenant has carried out certain improvement work to the property, with the landlord’s consent, a payment can be made to the tenant to reimburse them for part of the cost of the improvement work. The Housing Service will inform the tenant if the works qualify for compensation or not at the point that the request for permission is approved. Tenants will also be informed that they must keep all receipts for any expenditure arising from the works. Only ‘qualifying persons’ are entitled to compensation. A qualifying person is a tenant who: • is the tenant who carried out the qualifying improvement work; or • is a tenant of a joint tenancy which existed at the time the work was carried out; or • succeeded to the tenancy on the death of the tenant who carried out the work. The Housing (Scotland) Act 2001 sets out the types of improvements that qualify for compensation. These are: • bath or shower; • cavity wall insulation; • double glazing or other external window replacement or secondary glazing; • draught proofing of external doors or windows; • insulation of pipes, water tank or cylinders; • installation of mechanical ventilation in bathrooms and kitchens; • kitchen sink; • loft insulation; • rewiring and the provision of power and lighting or other electrical fixtures (including smoke detectors); • security measures other than burglar alarm systems; • space or water heating; • storage cupboards in bathroom or kitchen; • thermal radiator valves; • wash hand basin; • water closet (WC); and • work surface for food preparation. Compensation is not payable in the following circumstances: • the tenancy has been repossessed; and • the tenant has been granted a new tenancy for their existing property (for example if a change in legislation were to require the issue of a new tenancy agreement). Interior decoration does not qualify for compensation. Page 135
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A tenant can receive compensation of up to £4,000 for any one improvement but will not receive any compensation for an improvement if the amount payable under the terms of the scheme is below £100. The Housing Service will adjust the present value by a depreciation formula based on the notional life of the improvements based on the requirements set out in the Scottish Secure Tenants (Compensation for Improvements) Regulations 2002. When making a compensation claim residents must be able to supply details of: • the improvement works; • when the improvement works were carried out; and • the cost of the works completed. Any amount housing related debt owed by the tenant at the end of the tenancy, for example rent arrears, will be deducted from the amount of compensation the tenant is eligible to receive. Page 136
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APPENDIX VI Pet Policy for Council Tenants Date of Creation April 2026 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 (for implementation on TBC) 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 18.6.2026 Housing Policy Initial draft policy Housing and Community Safety Committee 1.1 Housing Policy Revised draft policy post consultation. Amendments noted in italics. Housing and Community Safety Committee Index Section 1 Scope of the policy Section 2 Strategic context Section 3 Objectives and principles of the policy Section 4 Legislation and definitions Section 5 Equalities, rights and socio-economic requirements Section 6 Confidentiality and data protection Section 7 Permission to keep pets Section 8 Conditions for keeping a pet Section 9 Responsible pet ownership Section 10 Tenancy management Section 11 Reviews and appeals Section 12 Review of the policy Page 137
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1. Scope of the policy 1.1 Moray Council understands that pets can be important family members and make a house a home. Pet ownership can help tenants maintain a healthy and active lifestyle, give a sense of purpose, and offer significant benefits to a person’s wellbeing. 1.2 The policy provides the framework which the Housing Service will follow when managing tenancies where pets are kept, providing clear guidance for tenants and staff. It seeks to balance the benefits of pet ownership with the well-being of the community and the environment, encouraging responsible ownership to ensure that pets do not cause nuisance, harm, or disruption to others. 1.3 This policy applies to all Moray Council tenants who have a Scottish Secure Tenancy (SST) or short Scottish Secure tenancy (SSST) agreement, including tenants living in sheltered housing. 1.4 It applies to all Moray Council staff and contractors involved in delivering housing services, including staff responsible for tenancy management, estate management, and tenant support. 2. Strategic context 2.1 This policy will assist the Council to meet the aims and priorities as set out in the 2024-2029 Moray Corporate Plan and the Moray 10 Year Local Outcomes Improvement Plan. 3. Objectives and principles of the policy 3.1 The aim of the policy is to provide clarity on the approach to granting Council tenants permission to keep a pet and on being a responsible pet owner. 3.2 The specific objectives of the policy are to: • ensure a consistent and transparent approach to granting written permission to keep pets; • clarify the obligations and rights of both tenants and the Council as landlord; and • contribute to the continued development of sustainable and attractive communities which are safe and secure. 3.3 The principles underpinning the policy are: • it will comply with the legal framework and adopt good practice; • detailed procedures and agreed practices will be implemented uniformly across the service; and • supporting information resources and communication with tenants will use “plain language.” Page 138
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4. Legislation and definitions 4.1 Section 31A and Schedule 5 of the Housing (Scotland) Act 2001, provides tenants with an SST with the right to keep a pet (or pets) at their house with the consent in writing of the landlord, which must not be unreasonably withheld. Definition of a pet 4.2 A pet is an animal kept by a person mainly for personal interest (including regards for its welfare, treatment or training), companionship, or ornamental purposes. For this policy, a pet is defined as: • Dog (excluding any dog prohibited by the Dangerous Dogs Act 1991); • Cat; • Domesticated bird (excluding birds of prey); • Small domesticated animal (e.g. rabbit, hamster, gerbil, guinea pig, mouse); • Small reptile or amphibian kept in a secure enclosure or terrarium (e.g. terrapin, tortoise, and lizard). This list is not exhaustive. 4.3 The following legislation and regulations have been taken into consideration when developing this policy: • Housing (Scotland) Act 2001 • Housing (Scotland) Act 2025 • Dangerous Dogs Act 1991and The Control of Dogs Order 1992 • The Dangerous Wild Animals Act 1976 • Civic Government (Scotland) Act 1982 • The Animal Health and Welfare (Scotland) Act 2006 • The Microchipping of Dogs (Scotland) Regulations 2016 • The Dog Fouling (Scotland) Act 2003 • The Control of Dogs (Scotland) Act 2010 • Antisocial Behaviour etc. (Scotland) Act 2004 • Environmental Protection Act 1990 • The Wildlife and Countryside Act 1981 • the Data Protection Act 2018 • UK General Data Protection Regulations (UK GDPR) • The Equality Act 2010 • The Human Rights Act 1998 4.4 The Scottish Housing Regulator (SHR) uses the outcomes and standards in the Scottish Social Housing Charter to assess the performance of social landlords. The key outcomes that have been considered in the development of this policy are: Outcome 1: Customers have their individual needs recognised, are treated fairly and with respect, and receive fair access to housing and housing services. Outcome 6: Customers live in well-maintained neighbourhoods where they feel safe. Page 139
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5. Equalities, rights and socio-economic requirements 5.1 Moray Council will comply with the Equality Act 2010, Human Rights Act 1998, Fairer Scotland Duty (socio-economic inequality) and the United Nations Convention on the Rights of the Child (UNCRC) by: • Making reasonable adjustments for disabled tenants. • Understanding and addressing barriers faced by marginalised groups. • Assessing issues through a non-discriminatory, inclusive lens. • Monitoring issues 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 Pet Policy for Council Tenants 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 Pet Policy for Council Tenants, 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 Disability-related needs and requests for reasonable adjustments will be considered in accordance with the Council's duties under the Equality Act 2010 and relevant corporate policies, procedures and guidance. 5.5 Detailed arrangements relating to the assessment of disability-related needs, consideration of reasonable adjustment requests, recording of Equality Act considerations and decisions, communication methods, reviews and complaints will be managed through corporate procedures and staff guidance. 5.6 The Housing Service commits to: • communicating with tenants and service users in clear and concise plain language to help with the understanding of important information; • developing and providing information and advice in alternative formats where necessary; and • providing interpretation and translation services free of charge, where required. 6. Confidentiality and data protection 6.1 The Council will treat all tenants with courtesy, sensitivity and complete confidence and ensure that any information given to it as part of the pet policy process will be used in accordance with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018. Relevant privacy notices will advise applicants how personal information may be collected, used, Page 140
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stored, shared and securely disposed of and the legal basis for doing so and what their Data Subject Rights are. 7. Permission to keep pets When permission is required 7.1 Tenants, and anyone residing with the tenant, must request permission for pets, except smaller pets as detailed at 7.6. This requirement is in accordance with the Scottish Secure Tenancy Agreement. 7.2 As a general guide, applications involving up to two pets will normally be considered suitable for most properties. Applications involving larger numbers of pets may also be approved where the Housing Service is satisfied that the property is suitable and there are no tenancy management, nuisance or animal welfare concerns. Each application will be considered on its own merits and will consider factors such as the type and size of pet, and type, size and location of the property. 7.3 As a responsible landlord Moray Council needs to ensure that it is aware of pets residing within its properties. This assists to keep pets safe in the event of an emergency and allows the service to manage the property and surrounding areas responsibly to ensure the comfort and safety of all residents. Existing pet arrangements 7.4 The Housing Service recognises that some tenants may already own pets when this policy comes into force. Existing pets do not require retrospective permission or a new permission application where they are lawfully kept and are not causing nuisance, tenancy management or animal welfare concerns. Any pet living in a property immediately before the implementation date of this policy may continue to be kept at that property, provided that the keeping of the pet is lawful, complies with all relevant legislation, and does not cause nuisance, present a safety risk, or result in a breach of tenancy conditions. Any concerns relating to the keeping of a pet will be considered on an individual basis, taking account of tenancy management, community safety, nuisance and animal welfare considerations. Tenants who get a new pet after the implementation date of this policy must obtain permission in accordance with this policy. Pets which are not permitted 7.5 To help keep everyone safe, and to safeguard animals’ safety, permission will not be given to tenants to keep or allow into the property or any shared area any animal which the Council considers to be unsuitable for the property. This includes: • Dog breeds banned under the Dangerous Dogs (Designated Types) Order 1991/1743: o Pit Bull Terrier o Japanese Tosa o Dogo Argentino Page 141
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o Fila Brasileiro o XL Bully breeds where a valid exemption certificate has not been provided*. • Endangered species (for example listed on the Endangered Species (Import and Export) Act 1976). • Any venomous (poisonous) insects and spiders. • All venomous and / or large constrictor snakes or lizards. • Any animal which is classed as dangerous under the Dangerous Wild Animals Act 1976 (as amended). • Livestock (for example, pigs, goats, sheep, geese, cockerels and horses) as these are not considered pets. • Any type of bird of prey e.g. kestrels, buzzards, owls. • Primates including all species of monkeys. • Any other animal deemed inappropriate for a domestic dwelling. * Permission may be given for dogs prohibited under the Dangerous Dogs Act 1991, provided they are registered on the Index of Exempted Dogs. Owners must have a Certificate of Exemption and follow rules which can be found on the Scottish Government website. Tenants must notify the Housing Service if they own an exempted dog. Pets that do not require permission 7.6 Smaller pets, kept in small numbers, are less likely to cause an issue or be a source of nuisance. Formal written permission is not required for the following pets: • Fish, reptiles, or amphibians kept in a single domestic aquarium of a size and weight that is suitable for the property and does not pose a risk of damage. The welfare needs of any fish, reptiles, or amphibians kept must be met in accordance with relevant animal welfare legislation and recognised good practice; • Fish kept in a garden pond. Garden ponds containing fish do not require permission under this policy, provided they are for domestic, non- commercial use and do not create an unreasonable health and safety risk, nuisance, or damage to the property. Tenants remain responsible for ensuring any pond is properly maintained. Where a tenant proposes to construct a new pond, they must obtain permission in accordance with the Council's Permissions Policy. Consideration will be given to the pond’s size, location and the potential health and safety implications of the proposal. • Small domesticated rodents such as rats, gerbils, chinchillas, guinea pigs, rabbits, and hamsters where no more than one pair will be kept; or • Small domesticated birds such as cockatiels, finches, canaries and budgerigars, where kept in small numbers appropriate to the species and the property. The Housing Service recognises that some species have welfare needs that make group housing preferable. In these circumstances involving larger numbers of birds, tenants will be required to seek permission applications and applications will be considered on a case-by-case basis. Page 142
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Where required, the construction of aviaries or cages, ponds or other structures to house pets will be subject to obtaining any necessary permission. Assistance dogs and support animals 7.7 The Council recognises that some tenants may rely on assistance dogs, therapy dogs or other support animals to assist with their health, wellbeing, independence or the management of a disability or long-term health condition. An assistance dog is a dog that has been trained to assist a disabled person with activities relating to their disability and may be recognised by an accredited assistance dog organisation. The Housing Service will consider its obligations under the Equality Act 2010, including the need to make reasonable adjustments where appropriate. Assistance dogs should be notified to the Housing Service but will not normally require a standard pet permission assessment where they are required as a reasonable adjustment. 7.8 Therapy dogs, emotional support animals and other support animals may provide significant benefits to an individual's health, wellbeing or independence. However, they do not automatically have the same legal status as assistance dogs. Applications involving therapy dogs or other support animals will be considered on an individual basis, taking account of the individual circumstances, the role of the animal, the suitability of the property, animal welfare considerations, any relevant supporting information provided by the tenant, and the Council's obligations under the Equality Act 2010. Such animals will not normally be included when considering the number of pets permitted at a property where a reasonable adjustment is required. The Housing Service will seek to balance the needs of the tenant, the welfare of the animal and the interests of neighbouring residents when making decisions. Temporary care of pets 7.9 Tenants do not require permission to provide temporary care for a pet belonging to a family member, friend or recognised animal welfare organisation, provided the arrangement is short-term and does not result in nuisance, damage to the property or animal welfare concerns. If the arrangement is expected to continue for more than 28 days, the tenant must notify the Housing Service, which will determine whether a formal application for permission is required. 7.10 If any pets breed the tenant must ensure that either the adults or the offspring are removed once the offspring are independent or weaned so that only one pair remains unless permission has been granted for a greater number of animals. If a tenant decides to keep the offspring, then an application for permission must be made because of the increase in numbers. 7.11 Where it is discovered that additional pets are being kept at a property without permission, the tenant will be contacted to discuss options. Available options will depend on the circumstances and welfare of the pets and could include the tenant being given two months to find alternative homes for the pets. Page 143
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Application for permission 7.12 Tenants are required to apply online or in writing for permission to keep a pet, except for those as set out in 7.6. Assessment of applications to keep a pet 7.13 In line with statutory requirements, the Council will: • consider the request; • not unreasonably withhold its consent; and • notify the tenant in writing of its decision within 28 days of receipt of the written application. The written notice will contain any conditions attached to the permission or reasons for its refusal. If a decision is not given within this timescale, then consent is automatically deemed to have been granted. 7.14 Applications will be considered on an individual basis and may take into account factors including: • number of pets already at the property; • the type, size / suitability and number of animals; • the size, type and suitability of the property and any relevant property restrictions; • the availability of a garden or proximity of other exercise and toileting area; • history of previous or current pet ownership (where known); • guidance from professionals such as vets and animal charities, where appropriate; and • if the pet is a support animal. Refusal of consent 7.15 The Council may refuse a request to keep a pet if there are reasonable grounds for refusal. There is no definitive list of grounds for refusing consent and each case will be assessed on its own merits. 7.16 Reasonable grounds for refusal may include but are not limited to: • previous or ongoing animal welfare complaints; • where the number of pets proposed is considered unsuitable having regard to the size of the property, household circumstances, animal welfare requirements and any potential impact on neighbours; • current tenancy enforcement or legal action against the tenant relating to antisocial behaviour, tenancy breaches or other tenancy management issues; • animal welfare concerns; • condition of the property; and • previous pet permission refusal (within the last 3 – 6 months). 7.17 Where permission is refused, the Housing Service will inform the tenant in writing within 28 days of receipt of the application, explaining: Page 144
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• the reasons for the refusal; and • their right to request a review of a decision and the process to use. Consent provided 7.18 Where the Housing Service consents to the tenant keeping the pet at the house, it will: • inform the tenant in writing within 28 days of receipt of the application; • explain any conditions imposed in connection with the consent (see section 8); and • signpost the tenant to information resources which will assist them to be a responsible pet owner. 7.19 Where consent is provided, the tenant may keep the pet at the house until the end of their tenancy, unless any of the reasonable conditions prescribed are breached. In such circumstances, action as set out in Section 10 will be taken. 7.20 Where a property is held under a joint tenancy, any joint tenant may apply for permission to keep a pet. Permission granted under this policy does not remove the responsibility of all joint tenants to comply with the tenancy agreement. 8. Conditions for keeping a pet 8.1 Where the Housing Service provides written consent to keep a pet, that consent is subject to the following conditions. These conditions form part of the tenant’s tenancy obligations. Failure by the tenant to comply with them may result in the withdrawal of permission to keep the pet and, where appropriate, tenancy enforcement action. Legal requirements 8.2 Tenants must comply with all legal requirements relating to pet ownership, including but not restricted to the following: • the keeping of the pet must not be prohibited under the Dangerous Dogs Act 1991 or any other relevant legislation; • dog owners must not allow a dog to frighten, attack or injure a person in any public or private space; • dogs must wear a collar with a name tag displaying the owner’s name and address when outside the home (a phone number is recommended); and • all dogs over the age of eight weeks are required to be fitted with microchips, registered on a database and information kept up to date. Control, behaviour and nuisance 8.3 Tenants are responsible for the welfare, care, supervision, and behaviour of any pet owned by them, anyone living with them, or anyone visiting them. In particular tenants must: • take all reasonable steps to supervise and keep pets under control, ensuring they are not left unattended in common or open areas; Page 145
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• ensure that their pet does not cause nuisance, annoyance, or danger to neighbours or visitors, including noise, smell, fouling, or aggressive behaviour; • make sure that dogs are always accompanied when outside the tenant’s home and kept on a lead in all common areas, shared gardens, and grounds; and • ensure that pets (other than outdoor cats) are appropriately contained when in communal or shared areas. Care, welfare and supervision 8.4 Tenants must ensure that pets are properly cared for and must: • provide pets with a suitable environment, reflective of its needs; • not leave pets unattended in the property unless arrangements have been made for their care. As a general guide, a dog should not be left alone for more than four hours, although individual needs may vary and veterinary advice should be obtained where appropriate; • make suitable arrangement for the care of pets should they become temporarily unable to do so; and • work with the Housing Service if they become permanently unable to care for a pet, for example due to long term ill health. Appropriate options will be considered which may include rehoming the pet. Fouling, hygiene and damage 8.5 Tenants must make sure that: • pets do not foul inside the property, except for caged animals or pets trained to use a litter tray; • litter trays and similar items must be properly maintained and kept free from hazards; • all pet faeces must be immediately removed and safely disposed of from gardens or outside areas; and • they take reasonable care to ensure pets do not cause damage to the property, neighbouring properties, or any common areas maintained by the Council. Tenants may be recharged for any damage caused to their property as set out in Section 10.4. Breeding 8.6 Tenants must not intentionally breed pets or operate any animal-related business from the property, including breeding, boarding, kennels, catteries or similar commercial activities. The Housing Service recognises that an unplanned breeding event may occasionally occur. Where this happens: • if an unplanned litter, clutch or brood occurs, the tenant must notify the Housing Service as soon as reasonably practicable; • the Housing Service may allow a reasonable period for the tenant to rehome, sell or otherwise responsibly place the offspring, taking account of animal welfare considerations; Page 146
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• the Housing Service may provide information or signpost tenants to appropriate animal welfare organisations where required; and • a temporary increase in animal numbers resulting from an unplanned breeding event does not constitute permission to operate a breeding business from the property. Access and alterations 8.7 When staff or contractors visit the property, tenants may be asked to secure their pets in another room of the property to allow the Council to undertake their responsibilities as a landlord. 8.8 Tenants must not carry out adaptations (e.g. installing a cat flap) without written permission. Requests to install cat flaps will not normally be approved due to property, safety and asset management considerations. Each request may be considered on its individual merits where the Council has discretion to do so, including where Equality Act 2010 considerations apply. 9. Responsible pet ownership guidance 9.1 The Council encourages responsible pet ownership. Following the below guidance can help prevent issues from arising and support the long-term wellbeing of both pets and communities. Good practice guidance 9.2 All tenants who want to keep pets at their property are encouraged to: • have pets neutered, where appropriate, to prevent unwanted litters and reduce behavioural issues; • register pets with a local veterinary practice; • keep pets up to date with vaccinations, flea, tick, and worming treatments in line with veterinary advice; • consider taking out pet insurance or making financial provision for veterinary costs; • ensure pets receive sufficient physical exercise and mental stimulation appropriate to their species, breed, and age; and • seek advice from veterinary professionals or animal welfare organisations where needed. Pet welfare awareness 9.3 Tenants should consider carefully if they have the time, financial resources, and living environment needed to meet a pet’s needs throughout its lifetime. Responsible planning helps safeguard animal welfare and reduces the risk of nuisance or tenancy issues. Page 147
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10. Tenancy management and enforcement Management of pet related issues 10.1 Where concerns are raised about a pet kept at a Council property, the Housing Service will seek to resolve the issue promptly, proportionately, and in a way that protects animal welfare, neighbours, and the tenancy. Concerns may include, but are not limited to: • nuisance or disturbance to neighbours; • fouling or hygiene issues; • damage to property or common areas; • failure to comply with conditions attached to consent; or • concerns about animal welfare. 10.2 The Housing Service will: • contact the tenant to explain the concern raised; • discuss the issue and agree reasonable actions to resolve it; and • set appropriate and proportionate timescales for improvement. The Housing Service will normally seek to resolve pet-related issues informally before considering formal tenancy enforcement action, except where there is a serious risk to public safety, animal welfare or the condition of the property. 10.3 Where appropriate, the Housing Service may signpost the tenant to the following to help address the issue and support responsible pet ownership: • veterinary professionals; • animal welfare charities; or • specialist support services. Damage to property and recharges 10.4 Tenants must report any damage a pet causes to the property as soon as practicable. Tenants will be required to repair any damage to the property caused by their pets, or animals belonging to other members of the household or visitors to the property. In line with the Rechargeable Repairs Policy, if the tenant does not carry out the work needed, or if it does not meet Council standards, the Council will carry out the work needed and the tenant recharged for the costs incurred. 10.5 If the tenant does not undertake any agreed actions, or the issue continues or worsens, or there is a serious breach of tenancy conditions, the Housing Service will advise the tenant in writing of: • the action that is needed to resolve the situation. • the timescales for compliance; and • the consequences, should the tenant fail to comply. Enforcement action 10.6 Actions to resolve the situation will be dependent on the type of pet and the severity of the nuisance where relevant and proportionate, the Housing Service may: Page 148
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• withdraw consent to keep the pet; and • require the tenant to remove the pet from the property within a specified timescale that takes account of animal welfare considerations. 10.7 Where issues relating to a pet continue despite reasonable attempts to resolve them, the Housing Service may take formal tenancy enforcement action. This may include: • issuing tenancy warnings; • taking action under antisocial behaviour legislation; or • initiating legal action where necessary. Legal action will always be considered a last resort and will be taken in line with relevant legislation, Council policies, and guidance. Animal welfare concerns 10.8 If the Housing Service believes that a pet is being neglected or harmed, it will report the matter to the appropriate animal welfare organisation or statutory body for investigation. Pets and eviction or abandonment 10.9 If a tenant is being evicted, every effort will be made to determine the presence of a pet(s) and make sure the tenant has made suitable arrangements for them. 10.10 If pets are found to have been left behind in a property, either if the tenant has abandoned a property or following an eviction, the Housing Service will contact the appropriate authorities to arrange for their safe removal and care. The tenant may be recharged for any of the costs that this incurs. 11. Reviews and appeals 11.1 Any tenant who is not satisfied with the outcome of their application for permission to keep a pet can request a review by writing to their Area Housing Manager in the first instance. A request for review should normally be made within 28 days of the decision being notified to the tenant. The Housing Service will aim to provide a review outcome within 28 days of receiving the request. If the tenant is not completely satisfied with the outcome of the case, it will be referred to the Service Manager Housing Operations for their consideration. 11.2 If the tenant is not fully satisfied with any refusal of a permission to keep a pet or the conditions specific to their case, they can escalate the case through Moray Council Corporate Complaints Process. 12. Review of the policy 12.1 This policy will be reviewed in 2029 or earlier if due to legislative requirements. Page 149
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APPENDIX VII INTEGRATED IMPACT ASSESSMENT (IIA) This assessment covers Equalities & Socio-Economic Duties, Human Rights & Rights of the Child (UNCRC) Please refer to IIA Guidance for assistance completing this assessment. DATE DD/MM/YY UPDATE(S) - Add section(s) revised & brief note of revision e.g. Q.7 Public consultation data / findings added. SHAREPOINT VERSION DETAILS - CLT USE ONLY 30.04.26 First draft IIA to be submitted to Housing and Community Safety Committee on 18 June 2026 29.07.26 2nd draft IIA updated post consultation at Sections 6,7 & 8 to be presented at Housing and Community Safety Committee on 10.9.26 NAME OF PROPOSAL Estate Management Policy / Permissions Policy / Pet Policy for Council Tenants STAGE 1 INITIAL SCREENING – Is the proposal a: Please ✓ New strategy, policy, project, plan, service, funding, full budget? ✓ Change to an existing strategy, policy, project, plan, service, funding, budget (including reduction / removal staff levels, hours changed, posts)? ✓ Budget proposals? ☐ If none of the above apply, NO IIA is needed. If any of the above are ticked, does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ✓ ☐ ☐ ✓ ☐ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ✓ ☐ ☐ ✓ ☐ Human Rights of individuals ✓ ☐ ☐ ✓ ☐ Rights of Children or Young People (UNCRC) ✓ ☐ ☐ ✓ ☐ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected. The proposals relate to housing management services and have the potential to impact tenants with protected characteristics, socio- economic groups, and engage human rights (e.g. respect for home and property). Therefore, a full Stage 2 assessment has been completed. Page 151
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STAGE 1 Sign Off Lead Officer Signature Date Names of others involved in STAGE 1 initial screening If any STAGE 1 answers above are ‘Maybe’ or ‘Negative’ please complete STAGE 2 and refer to IIA Guidance for help. STAGE 2 – FULL IIA 1. Please give a brief description of the current service / proposal. The Housing Service manages Council housing stock and surrounding estate environments. This includes estate maintenance, tenancy management, permissions for alterations, and regulation of pet ownership within Council tenancies. 2. Who are the main stakeholders? E.g. Customers, staff, families, carers, partners, community groups. They are: • Council tenants and household members • Residents in mixed tenure areas • Housing Service staff • Partner services (e.g. Community Safety, Environmental Health, Open Spaces) • Tenant groups and forums 3. What changes as a result of the proposal(s)? The changes are: • updated Estate Management Policy reflecting current legislation and practice; • introduction of standalone Pet Policy for Council Tenants and Permissions Policy; and • improved clarity, consistency, and governance. No service is reduced or removed. 4. Does the proposal affect your customers? If so, how does it affect them? The policies will provide customers with: • clearer expectations and improved transparency; • clarity and consistency on decision making and any follow on actions; • enhanced tenant rights (particularly in relation to pets); and • improved estate quality and community safety. 5. What impact will the proposal have on staff providing the service? Page 152
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The policies will provide staff with: • A clearer framework and guidance for decision making. • Increased consistency across cases There may be a temporary increase in workload during the initial implementation. However, this will be managed appropriately and may be offset over time by a reduction in enquiries, review requests and complaints. 6. EVIDENCE - Please provide details / links to the information you have used for this assessment. CONSULTATION(S) – What consultation / engagement has been carried out to inform the IIA? Internal consultation Head of Housing, Property and Communities Housing Strategy and Development Manager Housing Services Manager Housing Asset Manager Area Housing Managers Senior Housing Officer (Policy) Equal Opportunities Officer Consultation with affected groups Undertaken through formal public consultation during 19 June and 31 July 2026. DATA – What has been used to inform the IIA? Local Performance Data (e.g. usage statistics) Housing service operational data, experience and complaints trends. National statistics Other – Research / Best Practice / Guidance Legislative and regulatory framework including Housing (Scotland) Acts 2001 and 2025 and the Scottish Social Housing Charter. Good practice from other local authorities Evidence Gaps – Do you need any additional information? If so, please explain. Further evidence was gathered through the planned public consultation process and used to test impacts and amend the policies, as necessary. 7. EQUALITIES AND SOCIO-ECONOMIC IMPACT(S) - Please identify any impact to each group. Please see guidance for examples. Page 153
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Protected Groups – Please use link for more information Positive Impact(s) Negative Impact(s) Mitigation(s) – Practical actions/adjustments to reduce or eliminate any negative impact(s). What can be done to make it fairer? Age (include children, young people, midlife and older people) Positive Impact(s) – supports better maintained environments to benefit everyone as well as pets providing companionship / wellbeing benefits for older people experiencing loneliness, social isolation. Potential negative impacts identified in relation to age-related health conditions. Applications and requests under the policies will be considered on their individual merits, taking account of relevant personal circumstances where appropriate, including age-related health conditions, support needs and Equality Act considerations. All policies include provision for accessible communication, alternative formats, translation and interpretation services, helping to mitigate potential barriers associated with accessing services or information. Carers (for elderly, disabled or minors) Positive impact Neutral - No differential impact identified. Disability Positive impact Potential negative impacts identified in relation to disability / requirement for reasonable adjustments where necessary Permissions Policy – supports adaptations / alterations that may assist disabled tenants, subject to assessment and relevant statutory requirements. Pet Policy – recognises the role that assistance dogs, support animals and disability-related needs may play in enabling some disabled people to live independently and participate fully in community life. The Housing Service recognises that pets may provide companionship, emotional wellbeing benefits and help reduce Page 154
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Protected Groups – Please use link for more information Positive Impact(s) Negative Impact(s) Mitigation(s) – Practical actions/adjustments to reduce or eliminate any negative impact(s). What can be done to make it fairer? loneliness and social isolation for many tenants, including disabled people and those with long-term health conditions. Requests involving disability-related needs or reasonable adjustments will be considered in accordance with the Council's duties under the Equality Act 2010. All policies include provision for accessible communication, alternative formats, translation and interpretation services, helping to mitigate potential barriers including those associated with digital application processes. Gender reassignment Neutral - No differential impact identified. Marriage and civil partnership Neutral - No differential impact identified. Pregnancy and maternity (including breastfeeding) Neutral - No differential impact identified. Race Positive Impact Potential negative impact – unable to understand information All policies include provision for translation, accessible communication, including information in alternative formats. Religion and / or belief Neutral - No differential impact identified. Page 155
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Protected Groups – Please use link for more information Positive Impact(s) Negative Impact(s) Mitigation(s) – Practical actions/adjustments to reduce or eliminate any negative impact(s). What can be done to make it fairer? Sex Neutral - No differential impact identified. Sexual orientation Neutral - No differential impact identified. Inequalities arising from socio-economic disadvantage Positive impact – Supports tenancy sustainment and fairness. Potential negative impact - There may be some disproportionate impact on lower- income households where recharges are applied (for example, due to damage or substandard works). These costs arise from discretionary tenant actions (e.g. keeping a pet or undertaking alterations). The Council will apply discretion and act proportionately when considering enforcement action, including recharges. Support and guidance will be provided to tenants throughout. HUMAN RIGHTS – Please use link to see all that may apply and add or remove below Does proposal interfere (limit, restrict or make it harder to enjoy) right(s)? Mitigation(s) – Practical actions/adjustments to reduce / eliminate negative impact(s). How do we make it fairer? Article 5 Right to liberty and security No Article 6 Right to a fair trial No The policies provide clear review and appeal processes. Article 8 Respect for private / family life, home and correspondence No The policies support enjoyment of home, including pets and personalisation, while applying proportionate controls. Decisions will be made having regard to individual circumstances and relevant legal obligations where applicable. Page 156
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HUMAN RIGHTS – Please use link to see all that may apply and add or remove below Does proposal interfere (limit, restrict or make it harder to enjoy) right(s)? Mitigation(s) – Practical actions/adjustments to reduce / eliminate negative impact(s). How do we make it fairer? Article 10 Freedom of expression No Article 11 Freedom of assembly and association No Article 14 Non-discrimination No The policies explicitly support equality and non- discrimination. Protocol 1, Article 1- Right to peaceful enjoyment of property No The Permissions Policy regulates property alterations, improvements and change of use proportionately. Protocol 1, Article 2 - Right to education No RIGHTS OF CHILDREN & YOUNG PEOPLE (UNCRC) Please use link to identify all that apply and add below Does proposal interfere with rights? (limit, restrict or make it harder to enjoy) Mitigation(s) – Practical actions/adjustments to reduce / eliminate negative impact(s). How do we make it fairer? Article 2 – Non discrimination No The policies apply fairly to all children and families. Article 3 – Best Interest of a Child No The policies support safe, suitable home environments. Article 6 – Right to life, survival and development No The policies support wellbeing through safe and stable housing conditions. Article 12 – Respect the views of the child No The consultation approach supports inclusion of children’s and family perspectives. Article 23 – Children with a disability No The policies explicitly support equality and non- discrimination. 8. Justification – Show balanced consideration of any impacts / lack of mitigations against the proposal need / outcome. E.g. Is it considered proportionate, appropriate, necessary and / or unavoidable i.e. overriding public benefit. Some negative impacts have been found that cannot be fully mitigated, but they can be justified as follows: The policies are required to: • ensure compliance with updated legislation (including Housing (Scotland) Act 2025); • improve clarity and consistency in service delivery; • support safe, sustainable communities; and • strengthen governance and reduce risk. Page 157
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STAGE 3 – IMPACT SUMMARY Please Tick (√) Negative Impacts Identified • Can be mitigated and justified (Q7 above) ✓ • Cannot be fully mitigated, but are justified (Q8 above) ☐ • Cannot be fully mitigated nor justified (Q7 & Q8 above) ☐ The proposals interfere with Human Rights and /or the Rights of the Child ☐ Further consultation with affected groups is needed ☐ It is advised not to go ahead with the proposals ☐ FINAL DECISION – Include any Committee / Board recommendations and /or rationale for approving proposal or not. The assessment has identified that any potential negative impacts are limited and can be mitigated through the measures outlined. 29.7.26 – Following consultation, the proposed policies and updated IIA will be presented to Housing and Community Safety Committee on 10 September 2026 for final approval. Committee / Board Final Decision – FINAL AUTHORISATION / SIGN OFF - Final IIAs will be published to www.moray.gov.uk/IIAs at point of final decision. Service Housing, Property and Communities Dept. Housing Permission to Publish ✓ IIA Completed By Name Gillian Henly Date 30.4.26 Position Senior Housing Officer (Policy) Signed off by Head of Service Name Date Page 158
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Report to: Housing and Community Safety Committee Meeting Date: 10 September 2026 Report by: Executive Director Education, Housing and Communities Report No: Author: Fiona Geddes Contact Email: housingstats@moray.gov.uk Subject: Scottish Social Housing Charter Compliance 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of compliance with the Scottish Social Housing Charter and the Scottish Housing Regulator’s Regulatory Framework. 1.2 This report is submitted to Committee in terms of Section III (G) (13) of the Council's Scheme of Administration relating to the Council’s performance management framework. 2. SUMMARY 2.1 The Scottish Social Housing Charter came into force on 1 April 2012. The aim of the Charter is to improve the quality and value of the services provided by social landlords. The Charter sets out the minimum standards and outcomes that tenants can expect from their landlord. 2.2 Each year, social landlords must submit an Annual Return on the Charter (ARC) to the Scottish Housing Regulator (SHR). Using a range of performance indicators, the SHR monitors, and assesses landlords’ performance against the Charter. To meet regulatory requirements, social landlords must submit an assurance statement to the SHR and publish a performance report for tenants and service users by 31 October each year. 3. RECOMMENDATIONS 3.1 It is recommended that the Committee: i) considers and approves the draft assurance statement in APPENDIX I for publication and submission to the SHR by their deadline of 31 October 2026; and Item 8. Page 161
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ii) notes that a summary of performance on the key Annual Return on the Charter (ARC) indicators against national/benchmarking results will be presented to the Committee on 10 December 2026. Fiona Geddes Service Manager Housing Strategy 4. BACKGROUND AND CONTEXT 4.1 Annual Return on the Charter The Scottish Housing Regulator (SHR) requires landlords to monitor progress against the outcomes and standards of the Scottish Social Housing Charter. The Council’s Annual Return on the Charter (ARC) was submitted in May 2026. 4.2 Assurance Statement The SHR requires social housing landlords to submit an assurance statement between April and October each year. This assures the SHR and tenants/service users that the Housing Service complies with regulatory and statutory obligations. Landlords must notify the SHR of any material changes in their level of assurance during the year. 4.3 The statement must be made by the landlord’s governing body or relevant committee and be available to tenants and other service users. The statement forms the basis of the SHR’s risk assessment and level of engagement with the landlord. The statement must: • confirm the landlord meets all of the relevant requirements set out in its regulatory framework which can be found online at www.housingregulator.gov.scot/for- landlords/regulatory-framework ; • set out any areas of material non-compliance and describe improvement actions and timeframes for these; • confirm that appropriate evidence has been considered to support the level of assurance given by the governing body or Committee; and • confirm the date of the meeting of the governing body or Committee. 4.4 In reaching a decision about non-compliance, the Committee must decide whether the issue is material. The Committee should consider whether an issue: • seriously affects the interests and safety of tenants or other service users; • threatens the stability, efficient running or viability of service delivery arrangements; or • brings the landlord into disrepute or raises public or stakeholder concern about the organisation or the social housing sector. 4.5 On 19 March 2026, the SHR wrote to landlords to provide advice on the preparation of the Assurance Statement in 2026. The SHR have requested that landlords confirm whether they meet all duties in relation to specific areas of tenant and resident safety and that they have obtained appropriate assurance about compliance with all relevant safety requirements. In addition, the SHR have requested that landlords provide assurance of: • Comprehensive, good quality and up to date information on the construction, components and condition of their homes. • Compliance with the Scottish Government’s minimum site standards for Gypsy/Traveller sites. Page 162
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4.6 A draft Assurance Statement (APPENDIX I) has been prepared for the Committee to consider and approve. 4.7 The SHR will consider both the ARC results and the assurance statement as part of their risk assessment process to decide whether they need further information or assurance. They will then publish an engagement plan for each social landlord by 31 March 2027. 5. PROPOSALS 5.1 This report provides the Committee with an update on the Council’s compliance with the Scottish Social Housing Charter and Regulatory Framework and asks the Committee to consider and approve the draft assurance statement for submission to the Scottish Housing Regulator. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✔ Policy and Legal ✔ Financial ✔ Risk ✔ Staffing ✔ Best Value and Transformation ✔ Property ✔ Information Communications Technology/Digital ✔ Equalities. Social Inclusion and Economic Impact ✔ Climate Change and Biodiversity Impact ✔ 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy. ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. Page 163
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☐ Improving wellbeing of our population. 6.3 Policy and Legal The Council is legally required to report on Scottish Social Housing Charter performance indicators under the Housing (Scotland) Act 2010. 6.4 Financial There are no financial implications arising directly from this report. Any costs associated with implementing improvements will be met from within existing budgets. 6.5 Risk The annual Assurance Statement and Annual Performance Report are requirements under the Scottish Housing Regulator’s Regulatory Framework. In addition, tenants and service users must be provided with meaningful opportunities to participate in the management of their homes and decision-making processes. Failure to meet these requirements presents a regulatory risk. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising directly from this report. 6.8 Property There are no property implications arising directly from this report. 6.9 Information Communications/Technology/Digital There are no information communications/technology/digital implications arising directly from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities implications directly arising from this report. The Housing Service is working towards compliance on recently published guidance from the Scottish Federation of Housing Associations relating to equalities. 6.11 Climate Change and Biodiversity Impacts Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Page 164
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Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ☐ ☐ ☐ ☐ ✓ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected. There are no climate change and biodiversity impacts implications arising directly from this report. 7. CONSULTATION 7.1 Consultation on this report has been carried out with the Head of Housing, Property and Communities, Service Manager Property, Estates and Assets, Housing Asset Manager, Service Manager Housing Operations, Service Manager Housing Needs, Acting Service Manager Building Services, I. Sneddon (Research and Information Officer), Customer Engagement Officer and L. Rowan (Committee Services Officer). 8. BACKGROUND PAPERS 8.1 Scottish Social Housing Charter Compliance (2024/25 Performance) Scottish Social Housing Charter Compliance (2025 Assurance Statement) Page 165
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APPENDIX I Housing Service Assurance Statement 2026 The Moray Council Housing and Property Service has assessed its compliance with the Scottish Housing Regulator’s Regulatory Framework and is assured that it complies with the requirements of Section 3, with the exceptions outlined in this statement. Where full compliance has not been achieved, improvement actions are in place and progress is being actively monitored. We achieve all but the following outcomes and standards in the Scottish Social Housing Charter: QUALITY OF HOUSING The Moray Council’s annual performance presents an account of our housing service delivery, reflecting both steady performance in key areas and challenges that are being proactively addressed, such as Scottish Housing Quality Standard (SHQS) and Energy Efficiency Standard for Social Housing (EESSH). We embarked on an ambitious improvement plan in 2024. Whilst we have not yet achieved our target of 90% compliance, significant progress has been made and we expect compliance levels to improve substantially during the next reporting period. SHQS Compliance Of the 6,457 Moray Council residential properties, 4,085 fully complied with the Scottish Housing Quality Standard (SHQS), achieving a compliance rate of 63.3%. This represents a significant improvement on the previous year's compliance rate of 43.7%. The primary area of non-compliance relates to energy efficiency with 4,944 out of 6,457 properties (76.6%) achieving compliance with the EESSH standard. Energy Efficiency The 2025/26 the planned capital maintenance spend was £20.1m. The capital works have delivered internal wall insulation, cavity wall insulation, loft top ups, heating upgrades Kitchen and bathroom upgrades, along with Solar panel installations across the housing portfolio. This spend is necessary to continue to work towards achieving the Scottish Housing Quality (SHQS) standard and also the Energy Efficiency Standard for Social Housing which is currently achieving 77% compliance. We continue to assign significant priority to achieving SHQS compliance, focusing on insulation, heating, bathroom and kitchen upgrades. Damp and Mould The Council continues to operate a proactive approach to identifying, monitoring and responding to reports of dampness and mould, alongside delivering targeted capital investment to address underlying causes. Our Housing and Community Safety Committee has acknowledged the increase in dampness and mould within council housing and is actively implementing a range of mitigation measures. Page 167
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These include the installation of external and internal wall insulation, enhanced ventilation systems, and environmental monitoring devices. Remedial works are ongoing, with future interventions prioritised for properties identified as being at higher risk. Continuous improvements delivered through the Accelerated Capital Improvement Programme aim to ensure compliance with SHQS, ultimately enhancing living conditions for tenants and mitigate causes of damp and mould. Data Quality and Strategic Planning The SHR expects that we will maintain comprehensive, good quality and up to date information on the construction, components and condition of our properties. We have invested in the NEC Asset Management module and anticipate significant development and utilisation of that functionality during 2026/27. We have appointed additional staffing resource to our Asset Management team, with the remit of identifying elemental data, bringing existing accurate but dispersed intelligence together and ensuring this is uploaded to NEC effectively where it can be used for efficient strategic planning. This project, together with our planned stock condition survey, will contribute to our next HRA Business Plan review planned for late 2027. In addition to development of our Asset data, we are implementing our NEC Servicing Module primarily to enhance our already robust gas servicing processes, but also to provide efficiencies. We aim to “go live” in Nov/Dec 26. During 2026/27/28 we intend to expand the use of our Servicing Module to encompass other tenant safety areas e.g. electrical safety, fire detection. Tenant and Resident Safety Electrical Safety By 31 March 2026, 5,718 (88.6%) properties had compliant Electrical Installation Condition Report (EICR). We have recently appointed an external contractor to assist us with completion of identified C2 faults. All C1 faults (classified as the most critical) were addressed immediately. Landlord Gas Safety One property did not receive its gas safety inspection on time during the year. This was attributable to human error. The implementation of our NEC Servicing Module during 2026/27 will make further failures significantly less likely. Fire and Carbon Monoxide Detection As of 31 March 2026, 6,453 of our 6,457 properties comply with the updated Fire Safety Regulations, with only four properties remaining non-compliant. During the year, we completed the final phase of our fire detection system upgrade programme. This was achieved through close collaboration between Housing, Asset and DLO teams, who worked together to gain access to properties where residents had been difficult to contact. In a small number of cases, forced entry procedures were necessary to ensure the required work was completed safely and in line with regulatory requirements. All homes requiring carbon monoxide (CO) detectors have been fitted with them and comply with the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2021. Asbestos We maintain a comprehensive and up-to-date asbestos register and ensure that a full risk assessment is conducted prior to the commencement of any work within our properties. Significant progress has been made in phasing out the use of cloned asbestos surveys, with full, property-specific surveys now available across our housing stock. Page 168
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Our planned implementation of the NEC Housing Asbestos Module has been delayed as we focus resources on implementation of our NEC Servicing Module for gas safety compliance. Water Safety We routinely conduct legionella risk assessments on our vacant properties, actively working to reduce risks by removing dead legs in the plumbing systems. The exception to this practice is with newly installed wet sprinkler systems required in our new build housing. Lead contamination We routinely test water supplies for lead contamination at each void, and take remedial action as determined by the results. Lift Safety We only have one sheltered housing complex with a lift which is included on a cyclical maintenance contract to ensure that it complies with relevant legislation. Health and Safety Executive Reportable Events There were no incidents reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) during the reporting period. No staff or contractor incidents met the reporting threshold. Housing and Homelessness The total number of homeless households to whom the local authority had a statutory duty to secure permanent accommodation remained stable at 300 households. Unsuitable Accommodation Order During 2025/26 there were 12 households breaching the Unsuitable Accommodations Order. This was a direct result of two periods where supply was insufficient to meet demand and resulted in extended stays in Bed and Breakfast accommodation. This was further exacerbated by the lack of new supply of council housing. Temporary Accommodation Standards Framework The service is broadly compliant with the new guidance and framework, with the exception of digital inclusion. Currently, our temporary accommodation units are not equipped with free internet access but tenants have free access to internet services at Moray Council information hubs, libraries, and the main HQ Access Point, helping to reduce barriers to digital connectivity. Equality and Human Rights We are continuing to work towards aligning with the equalities guidance and self-assurance framework published by the Scottish Federation of Housing Associations (SFHA), including the updated Self-Assurance Toolkit issued in March 2026. While some system and data collection changes have not yet been fully implemented, particularly where definitions differ from those currently used in national homelessness data returns, we remain committed to progressing this work and strengthening our approach to equality monitoring and reporting. Integrated Impact Assessments are carried out as part of the development process for all new policies and strategies. This structured approach helps us to assess potential impacts, monitor relevant protected characteristics, and ensure our work supports positive outcomes. It also helps us to minimise any unintended effects and maintain alignment with our Local Outcome Improvement Plan, Corporate Plan, and associated Equality Outcomes. Gypsy/Travellers Moray Council does not currently operate any official gypsy/traveller sites. However, we have established a local protocol for managing unauthorised encampments, which ensures that the Page 169
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needs of both the encampment residents and the broader community are met. This protocol is supported by our dedicated unauthorised encampments officer, who oversees the process and provides necessary assistance and support. We approved our Assurance Statement on 10 September 2026 and sign this statement on behalf of the Housing and Community Safety Committee. Councillor Amber Dunbar Councillor Paul McBain Chair of Housing and Community Safety Depute Chair of Housing and Community Safety Page 170
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Report to: Housing and Community Safety Committee Meeting Date: 10 September 2026 Report by: Executive Director for Education, Housing and Communities Author: Edward Thomas Contact Email: edward.thomas@moray.gov.uk Subject: Housing, Property and Communities Budget Monitoring Report to 30 June 2026 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider the budget position for the Housing Revenue Account (HRA) and General Services Housing, Property and Communities Budget for the period up to 30 June 2026. 1.2 This report is submitted to Committee in terms of Section III (G) (1) of the Council's Scheme of Administration relating to the management of budgets. 2. SUMMARY 2.1 This report provides an overview of the budget position for the HRA and General Services Housing, Property and Communities Budget for the first quarter of the 2026/27 reporting year. 2.2 An underspend of £333k is reported for the HRA and an underspend of £22k for General Services Housing, Property and Communities budget for the period to 30 June 2026. 3. RECOMMENDATION 3.1 It is recommended that Committee: i) scrutinises and notes the budget monitoring report for the period to 30 June 2026. Edward Thomas Head of Housing, Property and Communities Item 9. Page 171
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4. BACKGROUND AND CONTEXT 4.1 Moray Council agreed the HRA Budget for 2026/27 at the meeting on 25 February 2026 (paragraph 5 of the Minute refers). Housing and Property budget monitoring reports are presented quarterly. 5. PROPOSALS Housing Revenue Account to 30 June 2026 5.1 Appendix I details the HRA budget position to 30 June 2026. 5.2 HRA expenditure for the period to 30 June 2026 is as follows: Annual Budget 2026/27 Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 £,000 £,000 £,000 £,000 31,958 3,466 2,934 532 5.3 HRA income for the period to 30 June 2026 is as follows: HRA Income 2026/27 Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 £,000 £,000 £,000 £,000 31,208 8,387 8,188 (199) 5.4 The overall position for the HRA is an underspend of £333k for the period to 30 June 2026, comprised of £532k lower than budgeted expenditure and £199k lower than budgeted income. The detail of these variances is set out below. HRA Expenditure 2026/27 Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 £,000 £,000 £,000 Supervision & Management 1,586 1,443 143 Sheltered Housing 13 5 8 Repairs & Maintenance 1,762 1,465 297 Bad & Doubtful Debts 25 6 19 Downsizing Incentive Scheme 18 7 11 Service Development 62 7 55 Tenancy Sustainment Fund 0 1 (1) Total Expenditure 3,466 2,934 532 5.5 Supervision and management – there are a range of variations within this budget resulting in a net underspend of £143k. The main underspends were in relation to Staffing (£122k), arising Page 172
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from the level of vacancies. There were also underspends in software costs (£35k), training (£3k) and other minor underspends (£5k). The underspends were partially offset by overspends of £20k in void costs, arising from higher costs per property, £1k in additional Council Tax expenditure and £1k in Tenant Participation costs. 5.6 Sheltered Housing – there was an underspend of £8k arising from lower than budgeted energy costs. 5.7 Repairs and maintenance – there was an underspend of £297k in the repairs and maintenance budget, which comprised of £239k lower than budgeted expenditure in response repairs and £283k less in void costs, partially offset by an overspend of £225k in planned/cyclical works, largely attributable to electrical upgrades. It is noted that the payment for response repairs and voids for May remains outstanding due to staff absences and therefore an element of the underspends will be subject to revision. 5.8 Bad and doubtful debts – there was an underspend of £19k, arising from lower than anticipated write-offs, noting that those attributable to Quarter 1 remain to be processed. 5.9 Downsizing Incentive Scheme – there was an underspend of £11k arising from slightly lower uptake. 5.10 Service Developments – there was an underspend of £55k, with proposals being developed in advance of committee approval later in the financial year. 5.11 HRA income for the period to 30 June 2026 is as follows: HRA Income 2026/27 Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 £,000 £,000 £,000 Non-dwelling rents 93 95 2 House Rents 8,206 8,015 (191) Other Income 88 78 (10) Total Income 8,387 8,188 (199) 5.12 The income at 31 March 2026 was £199k lower than expected. This predominantly arises from £191k less in rental income, attributable to a higher number of tenancies retaining the EPC discount, pending completion of energy improvement works. Progress on this element is being reviewed in the course of Quarter 2. Other income is £10k less than budgeted, based on lower income from the grass cutting scheme, partially offset by £2k higher than anticipated non dwelling rents. General Services Housing, Property and Communities budget to 30 June 2026 5.13 Appendix II provides details of the budget position to 30 June 2026. 5.14 General Services Housing and Property expenditure for the period to 30 June 2026 is as follows: Page 173
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Annual Budget Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 13,393 4,469 4,447 22 5.15 The overall position for General Services Housing and Property is an underspend of £22k for the period to 30 June 2026. The detail of these variances is set out below. Service Description Budget to 30/06/2026 Actual to 30/06/2026 Variance to 30/06/2026 £,000 £,000 £,000 Housing Strategy 61 71 (10) Housing Operations 90 86 4 Housing Need 407 396 11 Miscellaneous General Services Housing (4) (14) 10 Building Services (95) (95) 0 Property, Estates & Assets 287 200 87 Benefits & Money Advice 1,441 1,515 (74) Education Estate 2,282 2,288 (6) Total Expenditure 4,469 4,447 22 5.16 Housing Strategy - consists of Improvement Grants and Affordable Housing budgets, including disabled adaptations. The position at 30 June 2026 shows an overspend of £10k, arising from capital grant income being less than budgeted (£19k), partially offset by an underspend of £9k in discretionary grant awards following service changes. 5.17 Housing Operations - relates to the Gypsy/Traveller and Sheltered Housing budgets. There was no variance for the former and a £4k underspend in the latter, attributable to additional income. 5.18 Housing Need - comprises of Homelessness, Housing Support and Refugee/Resettlement services. There was an underspend of £11k in this budget, comprised of underspends in Temporary Accommodation (£11k) arising from lower expenditure and additional income received from charges, and £1k more income than costs in Refugee/Resettlement activities. These were partially offset by an overspend of £1k in Housing Support. 5.19 Miscellaneous General Services Housing – comprises various small budgets for which there is currently a £10k underspend arising from lower repairs and higher rental income. 5.20 The Building Services Budget - is reported in detail separately on this Committee’s agenda and any surplus achieved or deficit will be returned to the HRA. 5.21 The Property, Estates and Assets Budget - includes the budgets for the Design and Construction and Property Asset Management functions. There is an overall underspend of £87k to date. Within the Design Team there was an overspend of £40k, predominantly arising Page 174
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from lower income from fees within the period (£36k and higher than budgeted software costs (£6k). Property Asset Management has a £127k underspend, the largest components of which arise from higher income from the industrial portfolio (£83k), central repairs and maintenance (£36k) and energy efficiency payments (£22k), partially offset by higher than budgeted expenditure on schools repair and maintenance (£21k). 5.22 Benefits and Money Advice – comprises of Benefits, Money Advice, Discretionary Housing Payments, Scottish Welfare Fund and Housing Benefits. There is an overall overspend of £74k, predominantly arising from an overspend of £54k in the Scottish Welfare Fund due to higher activity levels, but which will subsequently be met from a balance of earmarked reserves. An overspend of £15k in Housing Benefits arises from a historically low budget provision which is subject to review and a further £22k arises from higher than budgeted software costs; these were partially offset by underspends in Discretionary Housing Payments (£16k) and Money Advice (£1k). 5.23 Education Estate - comprises of Learning Estate, Accessibility Adaptations and Private Finance budgets for schools. An overall overspend of £6k arose from £8k in additional costs of the private finance contracts and £1k in higher than budgeted accessibility adaptations, partially offset by £3k lower than budgeted expenditure in Learning Estate property costs. 5.24 Housing, Property and Communities Savings - the service is working towards delivery of £1,277k in savings as part of the corporate budget and transformation processes: Housing, Property and Communities Proposed Savings 25/26 £,000 Saving posted 25/26 £,000 Elgin Community Centre (40) 0 LED and Solar (47) 0 Homelessness/allocations recharge to resettlement (25) 0 DLO corporate work (Keith ASG) (10) (10) Estates Rent Reviews (65) (65) Capitalising PPP lifecycle costs (926) 0 Smarter Working (68) 0 Out of Hours review (39) 0 Capitalising Forres Academy project costs (57) 0 (1,277) (75) 5.25 Savings of £75k arising from additional revenue following rent reviews in the industrial portfolio (£65k) and Building Services undertaking the repair and maintenance work in the Keith ASG schools (£10k) have been delivered and are now subject to monitoring within respective budgets. 5.26 Work on the proposed savings for Elgin Community Centre (£40k), Homelessness/allocations recharges from resettlement (£25k), Capitalising PPP lifecycle costs (£926k) and Smarter Working (£68k) remains ongoing, with the majority expected to be posted in the course of Quarter 2 of the reporting year – these amount to a total of £1,059k. 5.27 The remaining proposals which amount to £143k – Capitalising Forres Academy project costs (£57k), LED and Solar upgrades (£47k) and residual Out of Hours review savings (£39k) are Page 175
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subject to review on the basis of already being baselined into the existing budgets for 2026/27; this will be confirmed in the Q2 budgetary update. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy. ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population. 6.3 Policy and Legal There are no policy or legal implications arising from this report. 6.4 Financial The financial implications of this report are considered in Section 5 of this report and detailed in Appendices I and II. Page 176
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6.5 Risk Budget Managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from the Committee in line with Financial Regulations. 6.6 Staffing There are no staffing implications arising from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising from this report. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no information communications/technology/digital implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities/socio economic impacts arising from this report. 6.11 Climate Change and Biodiversity Impacts There are no climate change/biodiversity impacts arising from this report. 7. CONSULTATION 7.1 This report has been prepared in close consultation with Finance colleagues. Consultation on this report has been carried out with the Chief Financial Officer, G. Anderson (Senior Solicitor), Senior Managers within Housing, Property and Communities and L. Rowan, Committee Services Officer, with feedback incorporated into the report as relevant. 8. BACKGROUND PAPERS 8.1 HRA Budget Report 25 February 2026: Housing Revenue Account Annual Budget 2026-27 Page 177
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Appendix I Housing Revenue Account Budget Monitoring to 30th June 2026 Service Description Annual Budget 2026-27 Budget to 30th June 2026 Actual to 30th June 2026 Variance to 30th June 2026 Expenditure £,000 £,000 £,000 £,000 Supervision & Management 7,083 1,586 1,443 143 Sheltered Housing 56 13 5 8 Repairs and Maintenance 10,529 1,762 1,465 297 Financing Costs 9,785 0 0 0 Bad & Doubtful Debts 260 25 6 19 CFCR 3,863 0 0 0 Downsizing Incentive Scheme 72 18 7 11 Service Development 250 62 7 55 Tenancy Sustainment Fund 60 0 1 (1) Total Gross Expenditure 31,958 3,466 2,934 532 Income £,000 £,000 £,000 £,000 Non-dwelling rents 291 93 95 2 House rents 30,414 8,206 8,015 (191) IORB 250 0 0 0 Other income 253 88 78 (10) Total Income 31,208 8,387 8,188 (199) Surplus / (Deficit) for the year 750 4,921 5,254 333 Accumulated Surplus Balance brought forward 2,250 Estimated Surplus Balance at 31st March 1,500 Page 179
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Appendix II General Services Housing & Property Monitoring to 30th June 2026 Annual Budget Actual & committed Variance Service Description Budget to to at 2026-27 30th June 2026 30th June 2026 30th June 2026 £'000 £'000 £'000 £'000 Housing Strategy 243 61 71 (10) Housing Operations 265 90 86 4 Housing Need 1852 407 396 11 Miscellaneous General Services Housing (20) (4) (14) 10 Building Services 0 (95) (95) 0 Property, Estates & Assets 2153 287 200 87 Benefits & Money Advice 2347 1441 1515 (74) Education Estate 6973 2282 2288 (6) General Services Housing & Property Savings (259) 0 0 0 General Services Housing & Property Allocations (161) 0 0 0 General Services Housing & Property Total 13393 4469 4447 22 Page 181
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Report to: Housing and Community Safety Committee Meeting Date: 10 September 2026 Report by: Executive Director Education, Housing and Communities Author: Tracey McKie Contact Email: tracey.mckie@moray.gov.uk Subject: Damp, Mould and Condensation 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to inform Committee of the ongoing work to prepare Moray Council for the forthcoming Investigation and Commencement of Repair (Scotland) Regulations 2026. 1.2 To provide committee members with the Quarter 1 performance outturn in relation to the Council’s management of damp, mould and condensation within its housing stock. 1.3 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. 2. SUMMARY 2.1 The report provides details of the work being undertaken to prepare for the implementation of the Investigation and Commencement of Repair (Scotland) Regulations 2026. It also presents Quarter one performance information which is measured against the forthcoming legislative requirement. Tracey McKie Housing Asset Manager 3. BACKGROUND AND CONTEXT 3.1 The Investigation and Commencement of Repair (Scotland) Regulations 2026 is designed to strengthen Landlord responsibilities when dealing with damp and mould. Widely recognised as Scotland’s equivalent of Awaab’s Law, this legislation places focus on the fabric of the property. The legislation will introduce statutory timescales, and they are effective from 06 October 2026. Page 183
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3.2 In recognition of pending legislative changes, in January 2026, the management of Damp, Mould and Condensation moved from Building Services to the Housing Asset Management Team. 3.3 Under the Investigation and Commencement of Repair (Scotland) 2026, the Council must ensure that any investigation into damp and mould is carried out by a competent person. To support compliance with this requirement, a team of four Architectural Assistants have been tasked with inspecting affected properties, identifying underlying building fabric defects, and determining all remedial actions required. 3.4 Although the Regulations do not define specific qualifications, the officers undertaking these inspections are professionally qualified and have extensive experience in property surveying. 3.5 The Architect Assistants are supported by a Tenant Liaison Assistant who schedules surveys and undertakes all related administration. 4. READINESS PLAN 4.1 Training and development of Housing staff is critical to ensuring compliance with the Investigation and commencement of repair (Scotland) regulations 2026. Investment in training is therefore a component of the Councils preparedness programme. As a result, as part of the 2026/27 training and development programme, the Housing service has scheduled certified Damp and mould training through the Chartered Institute of Housing (CIH). 4.2 In addition to the above, work has commenced to develop an in-house online Damp, mould and condensation (DMC) online training module. Subject to completion, the module is expected to be launched during 2026/27 and will be made available to all employees. This training will form part of the induction programme for staff whose roles involve housing management, property inspections and the delivery of repair services. This will ensure a consistent service approach to managing damp, mould and condensation. 4.3 To support a more efficient and evidenced based approach, the service has implemented new technology and automated processes. The Team have been equipped with tablet devices, protimeters, thermal imaging devices, environmental data loggers and 360 cameras. The tablets enable officers to complete inspection surveys and upload photographs electronically while on site. This reduces administration time and ensures that data is accurately recorded at the time of the survey. The information captured during inspection reports, then automatically populates the summary tenant report which is emailed or posted depending on the tenant’s preference. 4.4 Formal Damp and mould procedures have been reviewed, updated and published on the SharePoint site. The procedures provide a clear and consistent framework for the management of damp and mould cases and serves as the central reference point for all staff involved in the process. 4.5 Tenant feedback plays a key role in shaping and improving service delivery. To support this approach, a damp, mould and condensation tenant satisfaction survey has been Page 184
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developed and published on the Council’s Engage portal in July 2026. The survey invites tenants to comment on their experience of the damp and mould process. Feedback will be used to identify areas of good practice and opportunities for service improvement. 4.6 An Operational working group, comprising of representatives from all teams involved in the damp, mould and condensation process has been established and meets on a six-weekly basis. 4.7 The purpose of the group is to promote consistency in the management of cases, review operational performance, monitor compliance and tenant satisfaction. The group also provides a forum for discussing complex cases, identifying trends and sharing good practice. 4.8 Strategic oversight of the Damp, mould and condensation programme is provided through the Better Homes Board. 5. PERFORMANCE PROGRESS AGAINST THE INVESTIGATION AND COMMENCEMENT OF REPAIR (SCOTLAND) REGULATIONS 2026 5.1 Data was collected during 2025/26 to enable Annual Return on the Charter reporting, however from January 2026 data has been collated and benchmarked against the requirements of the pending Investigation and Commencement of Repair (Scotland) Regulations. 5.2 January 2026 was established as the baseline for measuring performance and identifying trends in damp, mould and condensation cases. During the month of January, 51 cases were recorded, of which 47% were repeat reports within 12 months. As at the end of Quarter 1, the proportion of repeat damp, mould and condensation reports had reduced to 20%, representing a significant improvement from the baseline position recorded in January. This is early evidence that the revised inspection and case management processes are improving. 5.3 During January, the average time taken to undertake the property inspections was 12.5 days. Performance has improved significantly over Quarter 1, with the average time taken to undertake property inspection reducing to 3 days at the end of the reporting period. 5.4 This improvement reflects the positive impact of the revised processes. However, it should also be recognised that the volume of cases being managed has begun to stabilise, thus enabling the team to respond more promptly. The tables below, provide a breakdown of cases received, category and areas. Month Reported cases April 23 May 30 June 22 Cause category Number Condensation 53 Structural 11 Other 11 Page 185
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Housing Area Number East 22 West 24 Central 29 5.5 As the volume of survey data increases, it is anticipated that detailed property profiling will be developed. This will provide insight into properties which may be at potential risk of damp, mould and condensation. This would then provide evidence to base decisions on targeted future planned investment. 5.6 Tenancy summary reports were not being issued consistently until May 2026. This was due to ICT system issues affecting the process. These issues have now been addressed, and Tenancy summary reports are generated automatically following completion of the property inspection. Although some minor system issues can occasionally result in delays, performance is good. By the end of Quarter 1, the average time taken to issue a tenancy summary report following completion of inspection was 3 days. 5.7 Repair performance has continued to improve during Quarter 1. The average time taken to complete repairs, from the date of report was 20 days. This is within the 20-day repair timescale, set out in the revised Right to repair and demonstrates the Council’s positive progress towards meeting forthcoming legislative requirements. 5.8 It should be noted that this performance has been achieved through a coordinated approach between the Direct Labour Organisation (DLO) and external specialist contractors. Ongoing monitoring of repair timescales will continue to ensure that performance is maintained. 5.9 Quarter 1 performance demonstrates significant progress has been made in preparing for the implementation of the Investigation and Commencement of Repair (Scotland) Regulations 2026. The introduction of revised governance arrangements, dedicated inspection resources, enhanced technology and improved case management has resulted in measurable improvements. Work will continue throughout 2026/27 to further strengthen service delivery. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) √ Policy and Legal √ Financial √ Risk √ Staffing √ Best Value and Transformation √ Property √ Page 186
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Information Communications Technology/Digital √ Equalities. Social Inclusion and Economic Impact √ Climate Change and Biodiversity Impact √ 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population. 6.3 Policy and Legal The Council undertakes damp and mould maintenance, and improvement works to ensure compliance with statutory legal obligations and in alignment with current policies and best practices. 6.4 Financial There are none arising from this report. 6.5 Risk There are none arising from this report. 6.6 Staffing There are no specific implications with this report. 6.7 Best Value and Transformation There are no specific implications with this report. 6.8 Property The improvement and maintenance of the housing stock will ensure that it remains sustainable in the longer term both physically and environmentally. 6.9 Information Communications/Technology/Digital There are no specific implications with this report. Page 187
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6.10 Equalities, Social Inclusion and Economic Impact Although an integrated impact assessment is not required as this report is to inform the Committee on performance at the end of Quarter 1, the work described within the report supports improved outcomes for all tenants, particularly those who may be more vulnerable to the effects of damp and mould, including older people, disabled people, households with young children and those experiencing socio-economic disadvantage. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of Housing, Property and Communities, Acting Service Manager Building Services, Head of People, Change and Community Strategy, Chief Financial Officer, G. Anderson, Senior Solicitor, the Equal Opportunities Officer and L. Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 None. Page 188