Agenda item

Civil Penalty Notice Policy under The Housing and Planning Act 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Report of Cabinet Member for Housing and Customer Services, Councillor Flo Clucas

Minutes:

The Cabinet Member for Housing and Customer Services introduced the report, saying it is important not just as a legal requirement but to make sure that tenants feel safe in their homes and know that if they have an issue or problem, it will be addressed.  This applies not just to council tenants, but also to social landlords and the private sector, and the change in the law means that CBC will take up issues with landlords to ensure that their properties meet legal requirements.

In response to a Member’s question, she confirmed that although the council is enacting national legislation, there is currently no additional government funding to deal with it, although this may become available further down the line.

The Director of Housing, Customer Services and Communities undertook to provide written responses to two further questions, namely how well the council is resourced to manage and issue penalties, and where the money it receives from the penalties will go.

The Cabinet Member for Housing and Customer Services added that new staff are being recruited and it remains to be seen whether this will be enough to carry out the additional required work.  She suggested meeting with officers over the next few months to consider this and determine whether any further resource is required.

In debate, a Member thanked the Cabinet Member for Housing and Customer Services for an extremely insightful report, clearly setting out landlords’ responsibilities when letting properties.  She said it is likely that many tenants aren’t aware of their rights, and a readable summary of the policy would be helpful for them, as well as a checklist of legal requirements for landlords.  It is a great opportunity to make the rental environment better for both tenants and for landlords.

The Cabinet Member for Housing and Customer Services said this is already being looked at, and another agenda item at the meeting concerns the ‘tenant voice’, both in the public and private sector, to help them to be aware of their rights and ensure that landlords understand their responsibilities.  The Public and Environmental Health Manager added that the policy also provides transparency, making landlords aware of that to expect if they fail to comply.

The Cabinet Member for Finance and Assets welcomed the changes which will enable the council to help and support tenants, but regretted the lack of government action around these issues.

The Cabinet Member for Housing and Customer Services said that fixed penalties for landlords who failed to comply would make them think twice about what they were doing, and the names of landlords and lettings organisations which don’t comply will be available to tenants and tenant organisations when making their choices.

She concluded by thanking officers for all the work they have done, saying the council will continue to do its best to make life better for all tenants.

The Leaded felt it worth mentioning that the great majority of landlords are responsible, and that the council is looking to work with the small minority who are not.

RESOLVED THAT:

 

1.     the Civil Penalty Notice (CPN) policy attached at Appendix 3 is approved with immediate effect;

 

2.     the Head of Public Protection is authorised to take such actions and decisions as are necessary to facilitate the effective implementation and operation of the Authority’s powers referred to in this report.

 

3.     the Head of Public Protection is authorised, in consultation with the Cabinet Member for Housing and Customer Services, to approve minor variations to the policy in line with any revised statutory guidance.

 

Supporting documents: