Issue - meetings

Report of Assistant Director Housing

Purpose of report

To request Executive approval to authorise officers to apply certain financial penalties where landlords do not bring their privately rented properties up to the legal minimum standard as set out in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and as may be amended.

Recommendations

The Executive is recommended:

1.1         To approve use of the financial penalties, as outlined in this report, to ensure private rented domestic properties meet the prescribed minimum energy efficiency standards.

1.2   To delegate this power to the Assistant Director of Housing who may then provide sub-delegations, as required, to other appropriate officers.

Resolved

(1)          That the use of the financial penalties, as outlined in the annex to the Minutes (as set out in the Minute Book) to ensure private rented domestic properties meet the prescribed minimum energy efficiency standards be approved.

(2)          That this power be delegated  to the Assistant Director of Housing who may then provide sub-delegations, as required, to other appropriate officers.

The Assistant Director Housing submitted a report to request Executive approval to authorise officers to apply certain financial penalties where landlords do not bring their privately rented properties up to the legal minimum standard as set out in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and as may be amended.

Resolved

(1)           That the use of the financial penalties, as outlined in the annex to the Minutes (as set out in the Minute Book) to ensure private rented domestic properties meet the prescribed minimum energy efficiency standards be approved.

(2)           That this power be delegated  to the Assistant Director of Housing who may then provide sub-delegations, as required, to other appropriate officers.

Reasons

The Government has introduced financial penalties as a means of preventing landlords from profiting from non-compliance with legislation and to ensure compliant landlords are not disadvantaged.  It is important that the penalties for not complying are sufficiently substantial to persuade a landlord to carry out their duties without the need for enforcement.

The penalty fees are intended to provide sufficient incentive for landlords to comply. Chasing payment for unpaid fines can be resource intensive and expensive; it is proposed that fines paid within 14 days of the penalty notice issue will be reduced by 25% to incentivise early payment.

Alternative options

Option 1: The Council could choose to adopt lower penalty levels than those stipulated as a maximum within the legislation; however that would not send a clear message to landlords that they must ensure tenants (many vulnerable) are able to manage their energy costs; improve the condition of the private rented stock and reduce maintenance costs; smooth seasonal peaks in energy demand and increase the nation’s energy security; and reduce greenhouse gas emissions.