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: