Meeting documents

Councillor Mrs Macpherson

Cabinet Member for Communities

To consider the attached report.

Contact Officer:  Neil Green (01296) 585160

(a)          Decision(s)

(1)          That the provisions of the Housing and Planning Act 2016 (‘the Act’) and the introduction of civil penalty charges for certain offences under the Housing Act 2004 be endorsed.

(2)          That the power to apply for a banning order against certain persons convicted of a banning order offence to prohibit them from letting property for a specified period of time be endorsed.

(3)          That the power to apply for a Rent Repayment Order for certain offences to seek recovery of rent paid by Universal Credit be agreed.

(4)          That delegated authority be given to the Group Manager, Regulatory Services to delegate officers to enforce the provisions of the Act.

(5)          That the Principal Enforcement Officer, (Private Sector Housing) be authorised to prepare and agree a penalty fee structure in respect of the penalty charges in line with the Act and Statutory Guidance for relevant offences specified under Act after consultation with the Group Manager, Regulatory Services and the relevant Cabinet Member.

(6)          That a fee structure be adopted to set penalty charges for certain specified offences under the Housing and Planning Act in accordance with statutory guidance.

(b)          Reason(s) for Decision(s)

To reflect the fact that a number of the provisions of the Act will come into force on 1 October, 2017.

(c)        Alternative Options Considered

None.

(d)       Relevant Scrutiny Committee

Environment and Living.

(e)        Conflicts of Interest / Dispensation(s)

None.

The Housing and Planning Act was expected to come into force in several stages during 2017.  The provisions relating to civil penalty notices and rent repayment orders had commenced on 1 April, 2017.  The provisions for Banning Orders were scheduled to come into force on 1 October.

The Act provided local authorities an alternative enforcement option for non compliance with certain Housing Act 2004 offences rather than taking a prosecution in court.  Although the burden of evidence would be the same for a civil penalty as it was for a prosecution, prosecutions could be both time consuming and expensive.  The provisions did not replace the option for prosecution, and it was expected that a prosecution would still be taken in the most serious of cases or for repeat offenders.

The use of Banning Orders was designed to prevent rogue landlords and/or property agents from letting property for a fixed period of time, from holding an HMO licence or from making a prohibited disposal of property.  A Banning Order could be made by a first tier tribunal if a person was convicted of a Banning Order offence which would be specified in Regulations.  Breach of a Banning Order was an offence and a person being found guilty on summary conviction might face a fine and/or imprisonment for a period of up 51 weeks.  However, an authority could as an alternative to prosecution impose a civil penalty fee of up to £30,000 if it decided beyond all reasonable doubt that the person had breached a Banning Order.  The authority would have a statutory duty to enter data on a national database of rogue landlords.  Civil penalties were designed to act as a punishment to the offender, deter others and to remove financial benefit the offender might have obtained as a result of committing the offence.

The Council had a statutory duty as a local housing authority to enforce relevant housing legislation.  Officers had to have delegated powers under the Act in order to carry out their functions.  The Council had to have regard to any statutory guidance issued in relation determining the level of any civil penalty.  The Act allowed the authority to use income from civil penalty charges to further the local housing authority’s statutory functions in relation to their enforcement activities covering the private rented sector.

The Cabinet report summarised the provisions of the Act in relation to civil penalties, Banning Orders, the database of rogue landlords and Rent Repayment Orders.  It was reported that consultation was taking place with the other Buckinghamshire authorities to ensure that AVDC’s procedures for enforcement and for determining the amount of any civil penalties was consistent.  It was proposed that officers would design and implement a procedure that enabled the use of civil penalties as an alternative to prosecution, which would be finalised in conjunction with the relevant Cabinet Member(s).

RESOLVED –

(1)          That the provisions of the Housing and Planning Act 2016 (‘the Act’) and the introduction of civil penalty charges for certain offences under the Housing Act 2004 be endorsed.

(2)          That the power to apply for a Banning Order against certain persons convicted of a Banning Order offence to prohibit them from letting property for a specified period of time be endorsed.

(3)          That the power to apply for a Rent Repayment Order for certain offences to seek recovery of rent paid by Universal Credit be agreed.

(4)          That delegated authority be given to the Group Manager, Regulatory Services to delegate officers to enforce the provisions of the Act.

(5)          That the Principal Enforcement Officer (Private Sector Housing) be authorised to prepare and agree a penalty fee structure in respect of the penalty charges in line with the Act and Statutory Guidance for relevant offences specified under Act after consultation with the Group Manager, Regulatory Services and the relevant Cabinet Member(s).

(6)          That a fee structure be adopted to set penalty charges for certain specified offences under the Housing and Planning Act in accordance with Statutory Guidance.