Decision details

Introduction of New Enforcement Powers Policy under the Housing and Planning Act 2016

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

To agree the policy and fee structure for the introduction of Civil Penalties under the Housing and Planning Act 2016 as a enforcement option for certain housing-related offences.

Decisions:

The Neighbourhood Services and Community Safety Portfolio Holder and Corporate Director Communities submitted a report seeking approval:

 

·         for the council to adopt new enforcement powers contained in the Housing and Planning Act 2016 (HPA2016) allowing the council to impose civil penalties for housing enforcement and to apply for rent repayment orders and banning orders.

 

·         for the delegation of authority to develop, implement and further amend the council’s policy in respect of the new Housing Enforcement powers to the Corporate Director Communities in consultation with the Neighbourhood Services and Community Safety Portfolio Holder and the Legal Services Manager, such policy to be in accordance with Schedule 13A of the Housing Act 2004, and any other guidance issued by the Secretary of State.

 

·         to authorise the Corporate Director Communities to authorise the Head of Housing and Community Services to discharge the relevant powers detailed in this report.

 

Decision

 

Cabinet agreed

 

·         that the council would adopt new enforcement powers contained in the Housing and Planning Act 2016 allowing the council to impose civil penalties and to apply for rent repayment orders and banning orders.

 

·         that a Policy and Matrix be adopted for the use of the new powers in Housing Enforcement set out at Appendix 1 of the report.

 

·         that any revenue arising from Civil Penalties and Rent Repayment Orders would be reinvested by the council to further regulate and improve the private rented sector as set out in Regulation 4 of the Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017.

 

·         that delegation of the authority to develop, implement and further amend the council’s policy in respect of the new enforcement powers be given to the Corporate Director Communities, in consultation with the Neighbourhood Services and Community Safety Portfolio Holder and the Legal Services Manager and that such policy be in accordance with Schedule 13A of the Housing Act 2004, and any other guidance issued by the Secretary of State.

 

·         that authorisation be given to the Corporate Director Communities to authorise the Head of Housing and Community Services to discharge the relevant powers detailed in this report.

 

Report author: David McArthur

Publication date: 21/12/2022

Date of decision: 04/12/2019

Decided at meeting: 04/12/2019 - Cabinet

Accompanying Documents: