Cabinet Member for Housing.
Decision:
It was RESOLVED: -
1.1 To agree Option 1 above – approve and adopt the private sector housing enforcement policy (Appendix 1) with consideration to the feedback from Overview & Scrutiny held on 20th February 2023. (Appendix 5)
1.2 To approve and authorise the use of civil penalty and financial penalty powers provided by the Housing and Planning Act 2016 (Appendix 2), Electrical Safety Regulations (Appendix 3) and Energy Efficiency (Private Rented Property) Regulations (Appendix 4).
1.3 To agree to charge for relevant housing enforcement action based on officer time taken and that any revenue arising from civil penalties will be retained within the service to meet the legal or administrative costs and expenses incurred under the relevant housing law.
1.4 To agree for the Director for Housing in consultation with the Portfolio Holder for Housing to have delegated authority to make minor amendments to the enforcement and civil penalties policies.
1.5 To agree for the Director of Housing to delegate powers to Officers to carry out the enforcement powers.
REASON FOR DECISION
To ensure that the Council has a consistent and effective policy to tackle poor conditions in private sector housing.
To make full use of housing enforcement powers available, including civil penalties and ensure effective enforcement.
To recover enforcement costs incurred.
Alternative Options Considered and Rejected:
1.1 Adopt the new private housing enforcement policy including the use of civil penalties as an alternative to prosecution. Agree a fair charging regime to recover the costs of housing enforcement action taken by the Council.
OPTION 2
1.2 The Council could decide not to adopt a private housing enforcement policy. This would leave it having to rely on the corporate policy which does not include the specific approaches required in the complex housing regulatory regime. There would be a greater risk of a successful challenge to any formal action taken either by legal appeal or judicial review.
1.3 The Council could decide not to approve the use of the civil penalty powers as part of the enforcement policy. This would mean that some powers could not be used, limiting the Council’s impact on improving housing standards. Reliance would be solely on prosecution. Any fines would not be recoverable and lengthy proceedings in Court would be required. Other than its legal costs, the Council cannot currently retain any fines imposed in Court through prosecutions.
1.4 Not approving the use of the civil penalty powers and other financial penalties referred to in the enforcement policy would lead to the Council failing to make the most efficient use of enforcement resources available and would limit the enforcement options available.
1.5 The Council could decide to continue to offer a free service to non-compliant landlords by not charging for enforcement action taken in the service of statutory notices. There is a strong argument that where non-compliant landlords do not comply with the law and the Council has to intervene, the landlord should be responsible for the costs incurred by the Council having to take action where minimum legal requirements are not being met.
Any Declarations of Interests Declared: None
Any Dispensation Granted: None
Minutes:
A short break was taken between 11:46 am and 12:03 pm.
104.1 The Chair, Councillor Morley invited the Cabinet Member for Housing to introduce the report.
104.2 Councillor Hadingham provided an introduction and moved recommendations 3.1, 3.2, 3.3, 3.4 and 3.5 as detailed in the report, which was seconded by Councillor Flatman.
By a unanimous vote
It was RESOLVED: -
1.1 To agree Option 1 above – approve and adopt the private sector housing enforcement policy (Appendix 1) with consideration to the feedback from Overview & Scrutiny held on 20th February 2023. (Appendix 5).
1.2 To approve and authorise the use of civil penalty and financial penalty powers provided by the Housing and Planning Act 2016 (Appendix 2), Electrical Safety Regulations (Appendix 3) and Energy Efficiency (Private Rented Property) Regulations (Appendix 4).
1.3 To agree to charge for relevant housing enforcement action based on officer time taken and that any revenue arising from civil penalties will be retained within the service to meet the legal or administrative costs and expenses incurred under the relevant housing law.
1.4 To agree for the Director for Housing in consultation with the Portfolio Holder for Housing to have delegated authority to make minor amendments to the enforcement and civil penalties policies.
1.5 To agree for the Director of Housing to delegate powers to Officers to carry out the enforcement powers.
REASON FOR DECISION
To ensure that the Council has a consistent and effective policy to tackle poor conditions in private sector housing.
To make full use of housing enforcement powers available, including civil penalties and ensure effective enforcement.
To recover enforcement costs incurred.
Supporting documents: