Issue - meetings

This report outlines a policy to allow the Council to implement the new powers on civil penalties introduced by the Housing and Planning Act 2016 as an alternative to prosecution for a range of offences under the Housing Act 2004.

Resolved:  (i)      That Option 1 be approved and the civil penalties be introduced as an alternative to prosecution.

                   (ii)      That the policy attached as Appendix A to the report be approved.

Reason:     To enable the Council to use the civil penalties as an alternative to prosecution for specific penalties under the Housing Act 2004.

The Executive Member considered a  report which sought approval for a policy to enable the Council to implement new powers on civil penalties introduced by the Housing and Planning Act 2016. These would be for offences under the Housing Act 2004 and would be an alternative to prosecution. The  policy would bring the Council’s powers in line with national guidance,  would only apply to offences committed after April 2017 and would require the same standard of proof as a criminal prosecution. The proposed policy covered the Council’s approach to implementation and the method for calculating the value of penalties, to a maximum value of £30k.

The use of civil penalties would be quicker than prosecution, and would be decided by a panel with specific knowledge and experience of housing matters. Penalty receipts would be invested by the local authority in the private housing sector, and the policy would evidence the Council’s commitment to tackling the worst elements of landlord behaviour in the private rented sector.

Option 1 (to introduce civil penalties) was recommended.  Not to do so (Option 2) would mean the loss of an additional tool to improve the lives of people living in private rented accommodation and ensure that private landlords did not benefit from ignoring their obligations.

Resolved:  (i)      That Option 1 be approved and that civil

penalties be introduced as an alternative to prosecution.

(ii)      That the policy attached as Appendix A to the

report be approved and adopted.

Reason:     To enable the Council to use the civil penalties as an alternative to prosecution for specific penalties under the Housing Act 2004.