The Housing and Planning Act 2016 introduces a number of amendments to the Housing Act 2004.  One of these amendments is to introduce a new section into the Act which establishes the legal basis for imposing civil penalties as an alternative to prosecution for specific offences under the Housing Act 2004.

In order to implement these new powers the Council must first adopt and publicise its policy with regard to the use of civil penalty notices for these offences.

Implementation of these new powers also requires the Council’s Private Sector Housing Enforcement Policy to be amended.

The report of the Strategic Director of Place (Document “AE”) outlines the general implications of the amendments to the Housing Act 2004 and introduces a proposed Policy for the use of civil penalty notices for Housing offences and a proposed amended Private Sector Housing Enforcement Policy to incorporate those legislative changes. 

Recommended -

(1)          That Option 1 be approved as set out in Document “..”

(2)          That the Executive adopts the proposed Policy for the Use of Civil Penalties for Housing Offences as set out in Appendix 2 to Document “..”.

(3)          That the Executive adopts the proposed amended Private Sector Housing Enforcement Policy as set out in Appendix 1 to Document “..”.

(4)          That the Executive delegates to the Strategic Director, Place  in consultation with the Portfolio holder  for Regeneration, Housing, Planning & Transport the authority to make decisions about  any further amendments to the Council’s Private Sector Housing Enforcement Policy and the Council’s  Policy for the Use of Civil Penalties for Housing Offences as and when additional powers available under the Housing and Planning Act 2016 come into force.

(Regeneration and Economy Overview & Scrutiny Committee)

                                                                                    (Julie Rhodes - 01274 431163)

Resolved -

(1)          That Option 1 be approved as set out in Document “AE”

(2)          That the proposed Policy for the Use of Civil Penalties for Housing Offences as set out in Appendix 2 to Document “AE” be adopted.

(3)          That the proposed amended Private Sector Housing Enforcement Policy as set out in Appendix 1 to Document “AE” be adopted.

(4)          That the Strategic Director, Place be delegated, in consultation with the Portfolio holder  for Regeneration, Housing, Planning & Transport the authority to make decisions about  any further amendments to the Council’s Private Sector Housing Enforcement Policy and the Council’s  Policy for the Use of Civil Penalties for Housing Offences as and when additional powers available under the Housing and Planning Act 2016 come into force.

(Regeneration and Economy Overview & Scrutiny Committee)

                                                                        (Julie Rhodes - 01274 431163)

ACTION: Strategic Director of Place

The Housing and Planning Act 2016 introduced a number of amendments to the Housing Act 2004.  One of these amendments was to introduce a new section into the Act which established the legal basis for imposing civil penalties as an alternative to prosecution for specific offences under the Housing Act 2004.

In order to implement these new powers the Council must have first adopted and publicised its policy with regard to the use of civil penalty notices for these offences.

Implementation of these new powers also required the Council’s Private Sector Housing Enforcement Policy to be amended.

The report of the Strategic Director of Place (Document “AE”) outlined the general implications of the amendments to the Housing Act 2004 and introduced a proposed Policy for the use of civil penalty notices for Housing offences and a proposed amended Private Sector Housing Enforcement Policy to incorporate those legislative changes. 

The Regeneration, Planning and Transport Portfolio Holder noted that this legislation allowed the council to take action against landlords that kept properties in poor condition more quickly through the use of Civil Penalty Notices.

Resolved -

(1)          That Option 1 be approved as set out in Document “AE”

(2)          That the proposed Policy for the Use of Civil Penalties for Housing Offences as set out in Appendix 2 to Document “AE” be adopted.

(3)          That the proposed amended Private Sector Housing Enforcement Policy as set out in Appendix 1 to Document “AE” be adopted.

(4)          That the Strategic Director, Place be delegated, in consultation with the Portfolio holder  for Regeneration, Housing, Planning & Transport the authority to make decisions about  any further amendments to the Council’s Private Sector Housing Enforcement Policy and the Council’s  Policy for the Use of Civil Penalties for Housing Offences as and when additional powers available under the Housing and Planning Act 2016 come into force.

ACTION: Strategic Director of Place