Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
For Members to approve the implementation of
the Civil (Financial) Penalty Policy to allow officers to impose
fines where necessary to landlords and improve the energy
efficiency standards of private rented properties .
The Cabinet Member with the Stronger Communities Portfolio introduced the report of the Group Director of Services (previously circulated) requesting that consideration be given to utilising powers to be able to issue notices of intention and to impose Civil Penalties where energy efficiency standards fall short of requirements and landlords do not take steps to improve the standards of domestic rented properties.
The submitted report stated that the Council had a statutory duty to enforce the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (as amended in 2016 and 2019). The regulations were designed to assist Councils to tackle the least energy efficient properties, namely those rated F or G on their Energy Performance Certificate (EPC); established a minimum EPC of Band E for domestic private rented properties, affecting new tenancies and renewals since 1 April 2018; and now allowed local authorities to issue a Notice of the intention to impose a Civil Penalty of up to a maximum of £5,000. The aim of the policy was to improve standards of domestic rented properties.
It was reported that to enable the Council to introduce the powers, there was a requirement to publish a Civil (Financial) Penalty Policy. Utilising best practice from other Local Authorities, including guidance from the Department for Business, Energy and Industrial Strategy (BEIS), theCivil (Financial) Penalty Policy, as appended to the submitted report, was developed.
RESOLVED – That the Civil (Financial) Penalty Policy, as detailed at Appendix 1 to the submitted report, be approved and implemented, to allow notices of intention and civil penalties to be imposed where landlords fail to meet or improve the energy efficiency standards of Private Rented Properties to the required standard.
REASON - To improve the standards of domestic private rented properties, ensuring homes are of a certain standard, they are more energy efficient and this supports fuel poverty, bringing down energy bills and reducing carbon emissions.
Report author: Charleen Dods
Publication date: 10/09/2021
Date of decision: 07/09/2021
Decided at meeting: 07/09/2021 - Cabinet
Effective from: 18/09/2021