Issue - meetings

Report of Assistant Director Housing

Purpose of report

This report explains certain enforcement powers to deal with rogue landlords provided by the Housing and Planning Act 2016, and seeks approval of 3 policies that will allow the Council, as the local housing authority, to implement and make use of those powers.

Recommendations

The Executive is recommended to:

 1.1        Adopt the policy for imposing civil penalties as an alternative to prosecution in appropriate cases, as detailed in Appendix 1, with immediate effect.

1.2       Adopt the policy dealing with applications for rent repayment orders, as detailed in Appendix 2, with immediate effect.

1.3       Make the Assistant Director Housing responsible for determining the uses to which retained civil penalty funds and retained rent repayment should be put.

1.4      Adopt the policy dealing with applications for a banning order against persons convicted of specified offences, as detailed in Appendix 3, with immediate effect.

Resolved

(1)          That the policy for imposing civil penalties as an alternative to prosecution in appropriate cases (annex to the Minutes as set out in the Minute Book) be adopted with immediate effect.

(2)          That the policy dealing with applications for rent repayment orders (annex to the Minutes as set out in the Minute Book) be adopted with immediate effect.

(3)          That the Assistant Director Housing be made responsible for determining the uses to which retained civil penalty funds and retained rent repayment should be put.

(4)          That the policy dealing with applications for a banning order against persons convicted of specified offences (annex to the Minutes as set out in the Minute Book) be approved with immediate effect.

The Assistant Director Housing submitted a report which explained certain enforcement powers to deal with rogue landlords provided by the Housing and Planning Act 2016, and sought approval of three policies that would allow the Council, as the local housing authority, to implement and make use of those powers.

In response to comments from Councillor Woodcock, Leader of the Labour Group, who has addressed Executive at the discretion of the Chairman, the Lead Member for Housing, Councillor Donaldson, and the Chairman provided assurance that they confident there was adequate resource in place to implement these powers.  

Resolved

(1)                  That the policy for imposing civil penalties as an alternative to prosecution in appropriate cases (annex to the Minutes as set out in the Minute Book) be adopted with immediate effect.

(2)                  That the policy dealing with applications for rent repayment orders (annex to the Minutes as set out in the Minute Book) be adopted with immediate effect.

(3)                  That the Assistant Director Housing be made responsible for determining the uses to which retained civil penalty funds and retained rent repayment should be put.

(4)                  That the policy dealing with applications for a banning order against persons convicted of specified offences (annex to the Minutes as set out in the Minute Book) be approved with immediate effect.

Reasons

The proposed policies present members with the opportunity to ensure the Council has the range of enforcement options available to deal effectively with rogue landlords and to protect our residents. In relation to Rent Repayment Orders the proposed policy will also ensure the Council can demonstrate compliance with the duty to consider making an RRO in applicable circumstances.

Alternative options

The first alternative option would be to not adopt the new policies relating to the discretionary Civil Penalty and Banning Order provisions but to adopt the Rent Repayment Order Policy in isolation.  That would cover the Council’s duty as regards RROs.  That approach would forego the additional powers and tools available to officers to crack down on rogue landlords who knowingly rent out unsafe and substandard accommodation.  It would also prevent the Council from taking advantage of the additional funding that would be available to assist with the enforcement of appropriate conditions in the private rented sector.

The second alternative would be to reject the three policies in their entirety, but that would leave the Council with no means of fulfilling its duty to consider RROs.