Issue - meetings

Arising from a report of the Public Health and Professional Services Manager, the Homes Policy Development Group had recommended the proposed civil penalties approach and the fines as set out in the report be approved.

Arising from a report of the Public Health and Professional Services Manager, the Homes Policy Development Group had recommended that the proposed civil penalties approach and the fines with regard to private sector housing as set out in the report be approved.

The Cabinet Member for Housing outlined the contents of the report stating that Section 126 and Schedule 9 of the Housing and Planning Act 2016 came into force on the 6^th April 2017. The provisions gave the Council as the local housing authority the power to issue a financial penalty for certain Housing Act 2004 offences after the 6^th April 2017 as an alternative to prosecution.

The offences included failing to comply with an improvement notice, offences in relation to the licensing of houses of multiple occupation, offences with regard to the licensing of houses, contravention of an overcrowding notice and failure to comply with management regulations in respect of houses in multiple occupation.  He outlined the level of fines as set out in the report and informed the meeting that a civil penalty could only be imposed as an alternative to prosecution.

Discussion took place regarding proposed communication of the new procedures with landlords

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr R L Stanley and seconded by Cllr C R Slade)

Note:  * Report previously circulated, copy attached to minutes.

To receive a report from the Public Health and Professional Services Manager updating Members with the proposed civil penalty fines for Housing Act 2004 offences as an alternative to prosecution, as discussed in the fees and charges paper of 14^th March 2017.

The Group had before it a report * from the Public Health and Professional Services Manager updating Members with the proposed civil penalty fines for Housing Act 2004 offences as an alternative to prosecution, as discussed in the fees and charges paper of 14^th March 2017.

The contents of the report were outlined with reference to the following:

·         Section 126 and schedule 9 of the Housing and planning Act 2016 came into force on 6 April 2017. These provisions gave the Council as the local housing authority the power to issue a financial penalty for certain housing offences as an alternative to prosecution.

·         The policy set out the proposed rationale for determining when to pursue prosecution and when to apply a civil penalty.

·         The Group were referred to the table showing three categories of landlord and the different categories of offences and fines within that. The lowest fine would be £750 and the maximum under the legislation would be £30,000.

·         There was a provision under the legislation for the Council to use the newly created register of rogue landlords and it was proposed this would be the case where a landlord had received two or more civil penalties in a specified period.

Discussion took place regarding:

·         What powers did the Council have if a landlord denied responsibility for a poor standard of housing? It was explained that an improvement notice could be served but it would need to be established that the tenant had first tried to resolve the matter with the landlord and had put their complaint in writing. Often the threat of enforcement action, including a civil penalty in the future would be enough to secure an improvement.

·         All enforcement and legal work in relation to these matters was undertaken in-house.

·         It was confirmed that any income received by way of civil penalties did not go back into a general pot within the General Fund but instead was ring-fenced for use in the future enforcement of private sector housing standards.

·         Debt would be recovered by bailiffs if over a certain amount.

·         The decision on whether to use civil penalty powers (and to what extent) or to seek a prosecution would be made by the Service Manager or Director in conjunction with legal services.

RECOMMENDED to the Cabinet that the proposed civil penalties approach and the fines as set out in the report be approved.

(Proposed by Cllr R J Dolley and seconded by Cllr Mrs G Doe)

Note: * Report previously circulated; copy attached to the signed minutes.