Decision details

Update to Housing Enforcement & Civil Penalty Policies to incorporate financial penalties relating to category 1 hazards

Decision Maker: Head of Public Protection and DEPLO - Louis Krog

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

To approve changes to the following adopted policies to incorporate Section 6A, which was inserted by Schedule 4 (Paragraph 6) of the Renters' Rights Act 2025 on 22 June 2026:

1. Private Sector Housing Enforcement Policy, adopted 14/04/2026 – Cabinet; and

2. Civil Penalty Notice Policy under The Housing and Planning Act 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, adopted 16/09/2025 - Cabinet

Section 6A grants local housing authorities the power to impose financial penalties of up to £7,000 on landlords or responsible persons who fail to remove Housing Health and Safety Rating System (HHSRS) Category 1 hazards in qualifying residential premises. This provision targets landlords directly when their properties fail to meet certain required standards or contain Category 1 hazards, and it would have been reasonably practicable for them to fix the issue.

The revised Housing Health and Safety Rating System (HHSRS) assessment framework for Category 1 hazards came into force on 23 June 2026.

Reasons for the decision:

This update is necessary to ensure the authority’s Private Sector Housing Policy reflects statutory provisions and enables the authority to utilise its full range of enforcement powers.

In accordance with the Cabinet delegations of both 16th September 2025 and 14th of April 2026, the Head of Public Protection is authorised, in consultation with the Cabinet Member for Housing and Customer Services, to:

1. approve minor variations to the policy in line with any revised statutory guidance; and

2. to take such actions and decisions as are necessary to facilitate the effective implementation and operation of the Authority’s powers.
This officer decision is made in accordance with these delegations.

Alternative options considered:

The Authority can decide not to make the recommended amendments, but this will leave the authority open to legal challenge if it were to exercise its new powers under section 6A outside of an adopted policy.

Finance Comments: This decision is to approve recommended changes to the existing policies which in itself should have no financial impact. However, additional income could be generated from penalties following the policy amendments.

Declarations: None.

Other reasons / organisations consulted

Not applicable – statutory provision therefore no discretion.

Contact: Bernadette Reed, Public and Environmental Health Team Leader Email: [email protected] Tel: 01242264116.

Publication date: 21/07/2026

Date of decision: 21/07/2026

Accompanying Documents: