Decision details
New Legislation affecting the Private Rented Sector
Decision Maker: Decision Session - Executive Member for Finance and Major Projects, Executive Leader (incorporating Housing & Safer Neighbourhoods))
Decision status: Decision Made
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
Purpose of Report: To present information about new legislation
which affects letting agents and property management work, namely
the:
a) Redress Schemes for Lettings Agents and Property
Management Work (came into force Oct 2014).
b) The Duty of Letting Agents to Publicise Fees (came into force
May 2015)
c) The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
(will be coming into force in October 2015).
The Executive Member is asked to note the legislation, the impact
it will have on the service and it will recommend to adopt a policy
to enforce the new laws imposing the new maximum penalty in most
circumstances unless there are extenuating circumstances.
This item has changed its name from The Redress Schemes for Lettings Agency and Property Management Work to New Legislation which affects the Private Rented Sector.
Decision:
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Resolved:
a) That the new legislation be noted.
b) That the maximum £5,000 penalty for all three pieces of legislation be imposed and that the Housing Services Manager be delegated the discretion to impose a lower penalty when there are extenuating circumstances.
c) That the new policy be adopted:-
(i) To have a targeted and balanced approach by actively enforcing the new legislation relating to letting agents and management agents. (ii) To improve the professionalism of the sector. (iii) To provide support to smaller landlords, to help them understand the requirements of the regulations regarding smoke and carbon detectors by providing information/advice and work with North Yorkshire Fire and Rescue Services to provide free detectors to landlords on first come first serve basis.
d) That the operational process of the scheme, as set out in Appendix A of the report, be agreed.
e) That an update report be received in 12 months time.
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Reason: Imposing the maximum monetary penalty will send out the right message to agents/landlords who need to improve their management/safety and will provide a sufficient threat to agents/landlords who may be undecided as to whether they should comply.
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Report author: Ruth Abbott
Publication date: 25/08/2015
Date of decision: 25/08/2015
Decided at meeting: 25/08/2015 - Decision Session - Executive Member for Finance and Major Projects
Effective from: 28/08/2015
Accompanying Documents:
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