Decision details
Surrender of Lease and Payment of Reverse Premium - 23 Grosvenor Place, London Road, Bath
Decision Maker: Cabinet Member for Resources., Council Leader
Decision status: Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
Council on 14th November - Approved as set out in the minutes.
Single Member Decision – to be decided on or after 13th December 2019.
It seeks approval to the agreement to surrender the existing occupational lease at the subject property, subject to payment of a reverse premium by the Council to the tenant.
Decision:
On 27th January 2020 it was resolved the original decision made on 13th December stands, and that Cabinet Member for Resources, in consultation with Council Leader acknowledged the recommendations made by the Corporate PDS Panel on 13th January 2020 and further agreed:
1. That consideration will be given to ways in which the transparency of property related decisions can be improved, within the limits of commercial confidentiality, and this will be reported to the Cabinet.
2. The future options for Grosvenor Place will be examined as quickly as possible and a business case for the preferred option will be placed before the Cabinet for approval. The case for any ring fencing of a capital receipt to be reinvested in future social housing schemes will be included in the options appraisal.
3. Discussions will be held with Guinness on reinvestment within B&NES of any receipt they receive as part of the appraisal above.
4. The Council is already in the process of reviewing its Estates, Construction, Maintenance and Facilities Management functions to ensure they deliver the Council’s new Corporate Priorities as effectively as possible. This review will be completed as soon as practically possible.
This decision was Called In, and on 13th January 2020 Corporate PDS Panel held the Call-In meeting. The Panel upheld the Call-In and made the following recommendations:
i) Whilst understanding the needs of commercial sensitivity a process should be sought to increase transparency, including allowing a member from each political group access to exempt information so that the decision-making process is more transparent.
ii) Ring fence a percentage of the incoming capital receipt from this decision for future social housing in Bath & North East Somerset. A percentage of 50% or thereabouts is recommended.
iii) Encourage the Guinness Housing Association through negotiations to spend the reverse premium on social housing in Bath & North East Somerset.
iv) In view of comments made to the Panel about the Property Services department in relation to other parts of the Council, a review of the Property Services department be undertaken to allow for a refinement to its decision making processes to ensure better democratic accountability and transparency in the future.
On 13th December 2019 the Cabinet Member made the decision where he agrees to authorise approval to surrender the tenant’s lease dated 2nd February 1993 between Bath City Council and the tenant for a term expiring 1 February 2058.
Subject to the following conditions:
• Vacant possession
• The tenant using best endeavours to provide vacant possession at the earliest opportunity.
• Payment of a reverse premium by BANES to the tenant on completion of the surrender
Reasons for the decision:
The property was converted into 20 flats in the 1970s, the majority of which are bedsits, with poor layouts. They are primarily occupied by single residents. They are now considered unsuitable for this purpose and the tenant has had a long term strategy to re-house their residents.
Housing Services are assisting the relocation of the existing tenants, including by giving them high priority status on the Homesearch Scheme. The Council’s single point of access for affordable housing within the district.
The agreed surrender enables the tenant to progress their long term strategy and the Council to gain vacant possession of a valuable asset.
On completion of the surrender the Council will be in position to undertake a full property appraisal and decide on strategy going forward.
Alternative options considered:
None.
Publication date: 13/12/2019
Date of decision: 13/12/2019
Effective from: 21/12/2019
This decision has been called in by:
- Councillor Colin Blackburn who writes Notice requesting to call in Single Member Decision E3181 23 Grosvenor Place, London Road, Bath BA1 6BA :– Surrender of existing Guinness Housing Association (GHA) lease, subject to payment of a reverse premium The undersigned Councillors wish to call in decision E3181 to “Surrender of existing Guinness Housing Association (GHA) lease, subject to payment of a reverse premium”, taken on 13 December 2019 by Councillor Richard Samuel for the following reasons: 1. There has been no opportunity for Elected Members to scrutinise the proposals. 2. The report was inadequate, lacked information and did not demonstrate how we came to this recommendation. 3. We believe that it is not justifiable to pay £450k for a building that will be handed back to us in extremely poor condition and will require further investment to bring back for a suitable use. 4. The impact of this decision has not been considered fully within the Council and binds the Council to future spending. 5. There is a lack of transparency of information surrounding this proposal. Nowhere within the Council’s report did it address the following areas: a. The tenant approached the Council 2 years ago about their desire to surrender this lease. b. We do not believe it right to allow the tenant to walk away from a full repairing lease without any obligations to contribute financially. c. There has been no discussion or consideration, within the Councils scrutiny panels about the implications of losing 20 dwellings from our vulnerable people’s provision. We already have a housing shortage, and this decision has increased it by another 20 housing units. 6. No reasons have been given as to how or why the decision was reached to accept the surrendering of the building lease. 7. We believe that it is not justifiable to pay £450k of tax payers money as a “pay off” to the tenant without even a business plan being in place. It was stated that B&NES had sought professional advice back in 2018 and the upshot is the £450k cost. Councillors should have had a chance to see that professional reasoning, withholding it means scrutiny cannot be achieved properly and makes the whole figure/process very confusing. 8. Without careful consideration and scrutiny we will be setting a precedent for future tenants to be able to just walk away. 9. There is no detail as to what the future strategy is for the building and what exactly the administration intends to do with it. 10. Ultimately, we do not believe that the Council is getting best value for money from these arrangements. 9 signatures required. Cllr Colin Blackburn (Lead) Cllr Vic Pritchard Cllr Sally Davis Cllr Paul May Cllr Karen Walker Cllr June Player Cllr Robin Moss Cllr Liz Hardman Cllr Chris Dando "
Accompanying Documents: