50 Rutland Road

Record of Decision Taken by Dave Banks on 23 November 2020

Authority for decision

Delegated authority from Executive Manager for Neighbourhoods in accordance with the Neighbourhoods Service Scheme of Delegation dated July 2020 – Schedule 1 – Section 9.

Decision

To recover debt using the published ‘Enforced sale Process’ following significant works to a long-term empty property in line with the Council’s Empty Homes Strategy. This will require the Council taking control of the premises and selling the property via a public auction using powers under the Law of Property Act 1925.

Reasons for decision

The debts have not been repaid and have been outstanding for over 18 months. Action in the County Court to recover debt will likely fail as the only asset the debtor has is the long-term empty property. The Empty Property is causing significant harm to the local community and this action will assist in bringing the property back into use as a habitable dwelling.

Alternative options considered and rejected

There are no other viable options to recover this debt. The alternatives are either the Council write off this debt or wait until the debt naturally recovers itself through a voluntary sale of the property via a local land charge. This may take several years and risks the debt not being recovered at all.

Conflicts of interest and any dispensation

None identified.

 

Monitoring Information

Key Decisions?

No.

Confidential/Exempt (if yes, please state paragraph)?

No.

Do General Exception or Special Urgency Rules apply to this decision?

No.

Consultation has taken place with the Section 151 & Monitoring Officer?

Yes.

The Leader, Deputy Leader or relevant Portfolio Member have been consulted?

Yes.

 

Signed

David Banks - Executive Manager, Neighbourhoods