Issue - meetings

To seek agreement from Cabinet to adopt a policy in relation to the issue of Civil Penalties under the Housing and Planning Act 2016.

RESOLVED that Cabinet:

(i)     notes the new powers available to the Council to impose financial penalties on irresponsible landlords who continue to provide sub-standard accommodation across the District;

(ii)    adopts the Private Sector Housing Enforcement Policy for Civil Penalties under the Housing and Planning Act 2016, as set out in Appendix A to item A.4 of the Report of the Housing Portfolio Holder;

(iii)   authorises the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Housing, to amend the Policy to reflect any future amendments to legislation and/or best practice; and

(iv)  authorises the Head of Housing and Environmental Health to issue Civil Penalties and determine the level of the financial penalty to be imposed, in accordance with the Policy.

The Cabinet gave consideration to a report of the Housing Portfolio Holder (A.4) which sought its agreement to adopt a policy in relation to the issue of Civil Penalties under the Housing and Planning Act 2016.

Members were reminded that the Housing and Planning Act 2016 had introduced the option to issue Civil Penalties in respect of certain offences committed by private housing landlords under the Housing Act 2004, as an alternative to prosecution.

Cabinet was advised that the Council needed to adopt a policy on how it would apply the new powers before they could be used and such a policy had been drafted and appended to the Portfolio Holder’s report. This policy was underpinned by the Corporate Enforcement Strategy adopted by Cabinet in September 2017.

It was reported that Tendring District Council was committed to raising standards in the private rented sector, ensuring that residents of the District were provided with accommodation that was free from hazards that could adversely affect their health and safety, whilst making sure that the said accommodation was suitably managed and maintained for those occupying it. To that end the Council aimed to focus its resources to take action against landlords who rented out properties that were in a substandard condition, and where necessary take formal enforcement action in order to ensure those landlords were prevented from continuing to flout the law.  Formal enforcement action would also be taken against landlords who had failed to licence their properties and had made financial gain as part of their non-compliance. 

Cabinet was aware that it is Tendring District Council’s view that the non-compliant landlords in the District should bear the cost of enforcement action and be punished accordingly, and not the ‘good’ landlords who continued to provide decent affordable accommodation for their tenants and who worked with the Council to ensure those standards were maintained. To that end the Council was committed to implementing the new powers under the Housing and Planning Act 2016 in order to ensure good quality, safe and affordable private rented accommodation was available to the residents of the District.

Having considered and discussed the proposed policy:-

It was moved by Councillor P B Honeywood, seconded by Councillor Fairley and:-

RESOLVED that Cabinet:

(i)     notes the new powers available to the Council to impose financial penalties on irresponsible landlords who continue to provide sub-standard accommodation across the District;

(ii)    adopts the Private Sector Housing Enforcement Policy for Civil Penalties under the Housing and Planning Act 2016, as set out in Appendix A to item A.4 of the Report of the Housing Portfolio Holder;

(iii)  authorises the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Housing, to amend the Policy to reflect any future amendments to legislation and/or best practice; and

(iv)  authorises the Head of Housing and Environmental Health to issue Civil Penalties and determine the level of the financial penalty to be imposed, in accordance with the Policy.