Agenda item

The Strategic Housing Services Manager presented the Enforcement and Civil Penalty Notice Policy report. 

The Committee was informed that this report followed on from the previous report presented to the Cabinet regarding the Renters’ Rights Act 2025. The Private Sector Housing Enforcement and Civil Penalty Notice Policy had been reviewed and re-written in response to the Act as it required significant alteration due to new enforcement duties arising.

Members were advised that the policy aligned with national best practice, including the Association of Chief Environmental Health Officers (ACEHO) model Enforcement and Civil Penalty Policy, and established a clear, consistent and legally robust framework for enforcement decision making and the application of civil penalties.

The policy applied to all private sector housing-related enforcement functions exercised by the Council, including private rented housing, owner-occupied housing, empty homes, Houses in Multiple Occupation and relevant site-based accommodation, where statutory powers applied.

It set out the Council’s approach to enforcing statutory requirements relating to, among other matters:

·       misuse of possession grounds

·       unlawful rent practices, including rent bidding

·       failure to provide prescribed tenancy information

·       discriminatory letting practices

·       compliance with the Private Rented Sector Database (once in force)

The implementation of the policy was expected to contribute to improved housing conditions, reduced health risks and increased tenancy security and within the District.

Members’ attention was drawn to the matrix of civil penalties notices, which was based on national best practice. It took into account the size of a landlord’s property portfolio and the number of offences.

In considering the report, Members commented on the following points:

·       The complexity of the matrix. Officers acknowledged this and advised that the complexity was reflected in the level of detail contained within the policy. It was further noted that any appeals against decisions would be determined by a first-tier tribunal (Property Chamber).

·       Concerns were raised that the listed costs for offences appeared severe at first glance. However, it was noted that the policy set out an initial informal approach for some offences, providing an opportunity for issues to be resolved before any formal enforcement action was taken. Officers clarified that the level of fines had been set by Government and that the Council had adopted a staged approach in line with national best practice. It was further explained that, where appropriate, an advisory and information-led approach would be taken in the first instance, although certain breaches, such as confirmed illegal evictions, would result in a civil penalty notice or prosecution.

·       Members queried whether the policy provided protection for landlords in situations where tenants caused damage to properties. It was noted that the Renters’ Rights Act 2025 was primarily focused on tenant protection. Officers clarified that the policy related specifically to enforcement standards for property conditions and tenant protections, rather than landlord recourse. It was further explained that landlords retained the ability to take action through existing legal routes, including strengthened Section 8 provisions.

·       Questions were raised regarding how the Council would identify unregistered landlords. Officers advised that landlords were not currently required to register. However, the Renters’ Rights Act 2025 would introduce a national property database requiring registration. It was reiterated that the purpose of the policy was to ensure that tenants lived in safe and suitable accommodation.

·       Whether the service had sufficient capacity to deliver against the requirements of the policy. Officers advised that the team had previously been expanded in anticipation of these changes. Whilst demand was high, this had not yet resulted in significant additional pressures. It was further noted that New Burdens funding had been provided by Government, which could support additional resources, such as IT systems or staff training, if required. Staffing levels would continue to be kept under review.

·       If there had been any observable impacts arising from recent legislative changes, particularly in relation to homelessness. Officers confirmed that there had been a slight increase in cases linked to Section 21 notices, but this had not represented a significant change overall and Section 21 notices were now abolished.

·       It was emphasised that the legislation was focused on tenant protection and that the Council had a duty to ensure that tenants were safeguarded. The policy was described as comprehensive in this regard.

·       Members noted that landlords would need to ensure they maintained appropriate records and documentation, including photographic evidence of property condition, in order to demonstrate compliance where issues were raised by tenants.

RESOLVED that

1)  Members approve the Private Sector Housing Enforcement and Civil Penalty Policy (“the Policy”).

RECOMMENDED that

2) Delegated authority be granted to the Assistant Director Community & Housing Services, following consultation with the Portfolio Holder for Housing, to update the Policy in line with any legislative or government guidance updates.

3) The Scheme of Delegations be updated to reflect the adoption of the Policy and the new Enforcement powers under the Renters Rights Act 2025 in accordance with the wording set out in Appendix 2.