Issue - meetings

To receive the report of the Cabinet Member for Housing and Public Protection

            RESOLVED

(i)         That the use of the enforcement powers under the Housing and Planning Act 2016 be approved.

(ii)        That the use of civil penalties for housing offences in appropriate circumstances be approved.

(iii)       That the charging scheme for civil penalties be approved as reported.

(iv)       That the updated Private Sector Housing Enforcement Policy, to include the use of civil penalties and rent repayment orders, be approve as submitted.

(v)        That the Head of Environmental Health and Licensing, in consultation with the Head of Legal and Democratic Services, be authorised to issue civil penalties and to agree the sum of civil penalties on a case by case basis in line with the approved Enforcement Policy and approved Charging Scheme.

REASON

To ensure that the new powers are used to tackle the problem of rogue landlords.

Councillor Ray Dawe, the Leader, declared a personal and prejudicial interest in this item as he was a landlord of residential properties within the District.  He withdrew from the meeting and the Deputy Leader presided during consideration of the item.

The Cabinet Member for Housing and Public Protection reported on details of the powers introduced by the Housing and Planning Act 2016 relating to the Government’s response to tackling rogue landlords and improving the private rental sector.

The Act introduced a range of measures that were intended to be implemented in 2017:

·        Civil penalties of up to £30,000 as an alternative to prosecution for certain specified offences (came into force on 6 April 2017);

·        Extension of Rent Repayment Orders to cover illegal eviction, breach of a Banning Order and certain other specified offences (came into force on 6 April 2017);

·        Database of rogue landlords and property agents convicted of certain offences (scheduled to come into force on 1 October 2017);

·        Banning Orders for the most serious and prolific offenders (scheduled to come into force on 1 October 2017).

It was recommended that Cabinet should adopt the new powers to impose civil penalties and impose Rent Repayment Orders for certain housing offences under the Housing and Planning Act 2016 and determine a charging scheme.

The Housing and Public Protection Policy Development Advisory Group supported the adoption of the new powers.

            RESOLVED

(i)         That the use of the enforcement powers under the Housing and Planning Act 2016 be approved.

(ii)        That the use of civil penalties for housing offences in appropriate circumstances be approved.

(iii)       That the charging scheme for civil penalties be approved as reported.

(iv)       That the updated Private Sector Housing Enforcement Policy, to include the use of civil penalties and rent repayment orders, be approve as submitted.

(v)        That the Head of Environmental Health and Licensing, in consultation with the Head of Legal and Democratic Services, be authorised to issue civil penalties and to agree the sum of civil penalties on a case by case basis in line with the approved Enforcement Policy and approved Charging Scheme.

REASON

To ensure that the new powers are used to tackle the problem of rogue landlords.