Agenda item

Report of the Director of Community and Children’s Services.

Members received a report of the Director of Community and Children’s Services in respect of Lease Enforcements, which would seek a steer from the RCC to the BRC on how best to take this forward.  The Assistant Director advised that the extensive consultation, which had taken place since Members received the last report in September, had formulated the 3 options as set out in the report:

·       Option 1 – Strict enforcement of the Lease for all future cases

·       Option 2 – Formal adoption of current practice for all future cases

·       Option 3 – Strict enforcement of the Lease in all cases

Members were reminded that the RCC had no decision-making powers but acted as a consultation committee to the BRC.  The Town Clerk advised that, as was usual practice, the BRC would receive the draft minutes from this meeting at their next meeting on 11 December.  The Chairman explained that each Member would be invited to express their views, on behalf of their house groups and he would then call a vote on each of the 3 opinions.    Members would be able to abstain if they preferred. 

During the discussion, the following points were raised/noted:

In the case of Option 1, if the tenant and circumstances were to change, this would be taken into consideration.

New tenants would be made aware of the Conditions of the Lease when questions were raised by their Solicitors as the relevant clause states that tenants must carpet all floors in the premises from wall to wall.

The interpretation of ‘no business whatsoever’ had been applied literally in the case of Air BnB lets, which had been strongly supported by the Barbican residents and been the subject of a decision by the BRC in 2015. 

Many Leases contained wording that was 30 or 40 years out of date and it would therefore be unreasonable to strictly enforce this if residents were working from home, for example.  However, it would apply if residents were continually receiving clients at their homes or causing a disturbance.

Members were concerned that if there would be no retrospective enforcement, then there should be active monitoring.  Officers advised Members that complainants would not be required to prove the noise nuisance but simply report it.  However, there would be a pragmatic approach and each case would be viewed on its merits, to protect residents from vexatious complainers. 

14 Members voted as follows:

Option 1 – 4 votes

Option 2 – 3 votes

Option 3 – 1 vote

6 Members abstained.

RESOLVED, that the BRC be asked to note the view of the BRC in this matter.