Committee
Public Petitions Committee, 25 Feb 2003
25 Feb 2003 · S1 · Public Petitions Committee
Item of business
New Petitions
Abandoned Properties (PE602)
Councillor Danny Logue (West Lothian Council):
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I have received many complaints from members of my community regarding abandoned properties. One such property was repossessed four years ago after it had caught fire. It was the third house that the owner had set on fire for the insurance money. It was repossessed by the building society and sold to a property developer, which hoped to send someone round with a couple of tins of paint to paint the building up and re-let it. It is a five-bedroomed property with a staircase that goes up to the loft, so it potentially has seven bedrooms. It also has a dining room, a large kitchen and three bathrooms. Such houses sell for about £92,000—they are not on what might be called a run-down council estate. Many of our houses are going through one of the largest-ever refurbishment programmes. They are being fitted with new kitchens, high-quality bathrooms, double glazing, new roofs and so on. It is not as if our estates are run down. We are one of Scotland's leading councils for housing.The property is now noticeable, in that part of the roof has now disappeared and it has been boarded up because it is continually vandalised. The grass is about four feet high. There is still food in the building after many years. However, we are not allowed access to the property. Our correspondence on the matter has gone on for months, if not years; my initial correspondence, in which I asked that something be done, started in February 2000. It took nearly a year to locate the present owner but by that time, the house had deteriorated to a terrible condition. It must be remembered that the house is between two tenants' houses.The property was in such a terrible condition that building control had a look at it, but a notice could not be served because the building was assessed as borderline. Commitments have been given by the owners that work would be carried out within about three months, but the legal department for the present owners has continually used stalling tactics to try to prevent the building from being done up. I do not know why.One of the neighbours was under such stress that he took a severe heart attack. He had to be moved out because of smoke inhalation and the damage that was done to his property. He is now so ill that he no longer comes to see me but must send his daughter instead because he was told not to overstress himself. This man used to work six days a week but he now goes round in a wheelchair. All of that is directly related to the problems with the neighbouring house.The house was last vandalised yesterday. The police were called out because a group of youths were running riot in the house. They smashed any remaining windows, ripped out most of the plumbing and put holes through the walls. Such incidents are a constant problem.We have asked the owner's legal department for the building to be refurbished but still nothing has happened. We therefore ask that the Executive give the local authority the powers that are currently held by the Scotland Office so that we can compulsorily purchase such properties within a limited time frame. Our legal department has been negotiating with the Scotland Office to try to get it to use the legislation, but because the lawyers for the property's owners issue correspondence claiming that something will be done, the problem has gone on for four years. That just is not on, but there is nothing that we can do about it.
In the same item of business
The Convener:
Lab
The next petition is PE602, from David Cleghorn, on behalf of Dedridge community council. The petition calls on the Parliament to take the necessary steps to...
David Cleghorn (Dedridge Community Council):
Thank you for allowing us to address the committee on our petition. This is the first time that two of us have been to the Parliament, and it has been intere...
Rhoda Grant:
Lab
I am very interested in the petition. What are the reasons for people abandoning their properties? I understand that that happens quite often and that privat...
David Cleghorn:
Danny Logue will answer that question. He is the chair of the council's housing appeals special sub-committee.
Councillor Danny Logue (West Lothian Council):
I have received many complaints from members of my community regarding abandoned properties. One such property was repossessed four years ago after it had ca...
Irene McGugan:
SNP
That gives me a nice lead-in for my question. What has been your experience of trying to get the Scotland Office to act by using its existing power? Does the...
Councillor Logue:
We had a couple of houses of a similar nature—one in the same street and a couple in other communities in West Lothian. I know from having downloaded informa...
Irene McGugan:
SNP
The point that I am trying to make is that you currently have the capacity to refer such matters to the Scottish ministers to make a compulsory order. Have y...
Councillor Logue:
We must follow certain legal guidelines first. We have never been able to reach the starting blocks. We must follow the legislation and consider the owner. W...
Irene McGugan:
SNP
So you never reach the point at which you have everything in place to—
Councillor Logue:
We cannot pass go.
The Convener:
Lab
The housing legislation that governs the matter and the guidelines that must be followed before a compulsory purchase order can be requested must predate dev...
Douglas Marr:
It is the consolidated housing legislation and the Housing (Scotland) Act 2001; the previous legislation was probably the Housing (Scotland) Act 1966. Our pr...
The Convener:
Lab
Before Phil Gallie says something, I would like to clarify a matter. Have Scottish Executive ministers given any indication that they want to retain the powe...
Douglas Marr:
I think that this is our first journey through the process.
Councillor Logue:
The legal opinion that we have received from the Scottish Executive is that the matter that we are discussing still comes under the old legislation, but ther...
Phil Gallie:
Con
The problem exists not just in areas where there are council houses; it also exists with business premises and old private properties in particular. Has West...
Douglas Marr:
On the shortage of accommodation, there is a great housing need—
Phil Gallie:
Con
I am not thinking about accommodation shortages. You have identified a real problem. Have West Lothian Council or COSLA discussed the matter? Have they made ...
Douglas Marr:
I am not aware of any representations.
Phil Gallie:
Con
Would that be a good starting point? I am surprised that representations have not been made before.
Councillor Logue:
When we investigated the legislation, we were surprised by how hard it is to purchase a property compulsorily—in fact, doing so is almost impossible. We came...
Phil Gallie:
Con
You mentioned the Housing (Scotland) Act 2001. We parliamentarians had a chance recently to consider housing issues, but the issue that we are discussing see...
Councillor Logue:
It was presumed that the empty homes initiative would address the problem, but it has not.
David Cleghorn:
I would like to make one point on behalf of the community. We elected you people. This issue is causing major problems where we live. The community, which is...
Rosalie Walton (Dedridge Community Council):
I would like to add something on behalf of those who live in the conditions described. I am an environmentalist by profession, and people's environment is no...
Dorothy-Grace Elder:
Ind
About eight or nine years ago, a scheme was instituted in London to recover abandoned private property. A helpline was set up so that the public could shop a...
Councillor Logue:
We understand that, but we find that when we locate the owners they do not want to do anything about their houses. They point-blank refuse. They say that the...
Dorothy-Grace Elder:
Ind
London put some teeth behind the scheme. I cannot remember exactly how it was done, but the people working on it did not just want to have a list of abandone...
Councillor Logue:
Dedridge community council could tell people that they have six months, for example, to do certain things to a property or we will compulsorily purchase it. ...