Decision details

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 adopting powers to impose a civil penalty of up to £30,000 under the Housing and Planning Act 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 as an additional means of enforcement to improve standards in the private rented housing sector, where private sector landlords do not take steps to improve standards; and to the updated ‘Private Sector Housing Enforcement Policy’ to reflect those powers (also previously circulated).

The submitted report stated that around 19 per cent of households in Darlington were in the private rented sector; the majority of which were well managed and provided safe and suitable housing for the occupiers; and that where they were not managed well, there was a need for the Council to intervene.

The Housing and Planning Act 2016, was introduced to help tackle rogue landlords and to improve the private rental sector; from April 2017, local housing authorities had the power to issue civil financial penalties as an alternative to prosecuting landlords for failures under the Housing Act 2004; this action offered a more effective approach and enabled a quicker resolution; and that to enable the Council to introduce the powers, a policy was developed entitled the ‘Civil Penalties Enforcement Policy and Guidance’.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, were designed to reduce the effects of electrical hazards in rented properties; the regulations required Electrical Safety Condition reports to be carried out before any new tenancy was granted; and that to enable the Council to introduce the powers, a policy was developed entitled the ‘Civil Penalties Enforcement Policy and Guidance: The Electrical Safety Standards in the Private Rented Sector Regulations’.

RESOLVED -  (a)  That the use of the Housing and Planning Act as an additional means of enforcement to improve standards in the private rented housing sector, as detailed in the submitted report, be approved.

(b)  That the use of new enforcement powers contained within the Housing Act 2004, as amended by the Housing and Planning Act 2016, be approved, including:-

(i)                  amendments to ‘The Private Sector Housing Enforcement Policy’ to reflect the new powers, as detailed at Appendix 1 to the submitted report;

(ii)                a new ‘Civil Penalties Enforcement Policy and Guidance: Housing and Planning Act 2016’, as appended at Appendix 2 of the submitted report, that has been produced to detail how the Council will use the new powers and the level of penalties; and

(iii)              a new ‘Civil Penalties Enforcement Policy and Guidance: The Electrical Safety Standards in the Private Rented Sector Regulations 2020’, as detailed in Appendix 3 to the submitted report, that has been produced to detail how the Council will use the new powers and the level of penalties.

(c)  That authority be delegated to the Assistant Director of Community Services, in consultation with the Portfolio Holder for Stronger Communities and the Assistant Director of Governance and Law, to develop, implement and further amend the Council’s detailed Policy and Procedure in respect of the imposition of Civil Penalties, such policy to be in accordance with Schedule 13A of the Housing Act 2004, and any other any guidance issued by the Secretary of State.

REASONS – (a)  To have a positive impact on the private rented housing sector by bringing about a change in landlord behaviour where necessary and where the current enforcement powers available are not as effective.

(b)  To improve the standards of domestic private rented properties, ensuring homes are of a certain standard.

(c)  The adoption of the new powers should mean that landlords comply more quickly and/or proactively, in order to avoid financial and other penalties, which should result in fewer private tenants being exposed to housing conditions that have an adverse health impact.

(d)  To enable more effective and efficient action to be taken to address contraventions that impact negatively on tenants.