Issue - meetings
New Legislation which affects the Private Rented Sector
Meeting: 25/08/2015 - Decision Session - Executive Member for Finance and Major Projects (Item 9)
9 New Legislation affecting the Private Rented Sector 
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This report will inform the Executive Member how new and proposed legislation will affect the Private Rented Sector.
Additional documents:
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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Minutes:
The Executive Member considered a report that highlighted how new and proposed legislation would affect the Private Rented Sector, namely
a) The Redress Schemes for Lettings Agents and Property Management Work
b) Duty of Letting Agents to Publicise Fees
c) The installation of Smoke and Carbon Monoxide Detectors
Officers gave an update and asked the Executive Member to adopt a policy which would enforce the new laws that affected both letting agents and landlords and asked him to note the impact on the council’s services.
In answer to the Executive Members questions officers confirmed they would be educating landlords and letting agents on the new legislation. They would be campaigning with North Yorkshire Fire and Rescue and holding an open day to allow landlords to obtain free smoke detectors.
The Executive Member proposed a 12 month review report be brought to a future Executive Member for Housing and Safer Neighbourhoods Decision Session.1
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 working with North Yorkshire Fire and Rescue Services to provide free detectors to landlords on a 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.
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.