Issue - meetings

Key Decision

Councillor Tom Hollis – Deputy Leader and Executive Lead Member for Strategic Housing and Climate Change

Cabinet was informed as to the need to review the Council’s Civil Penalty Policy relating to housing enforcement in response to rulings made by the First Tier Property Tribunal Service and good practice and to approve the revised Policy as shown at Appendix A to the report.

(In accordance with the Members’ Code of Conduct and the Council’s constitution, Councillor Tom Hollis declared a Non Registrable interest in respect of this item.  His interest arose from the fact that he was currently a private landlord of a property located within the Council’s designated Selective Licensing Scheme area.)

Members considered the alternative option of declining to approve the revised Policy but this was not recommended, as it was deemed important for the Council’s Policy to reflect the latest Tribunal rulings and good practice.

RESOLVED that

a)    the reasons why the Council’s Civil Penalty Policy relating to housing enforcement required updating, be received and noted;

b)    the revised Civil Penalty Policy as attached at Appendix A to the report, be approved;

c)    delegated authority be granted to the Executive Director of Place, in consultation with the Deputy Leader and Executive Lead Member for Strategic Housing and Climate Change, to make minor future changes to the Policy in response to Tribunal rulings, good practice and regulatory change.

Reasons:

1.    The issuing of Civil Penalty Notices and Civil Penalty Fines is an established and important tool for dealing with rogue landlords. It is used for serious offences, as an alternative to prosecution through the courts.

2.    The Council must ensure its Civil Penalty Policy is accurate and up to date, reflecting tribunal rulings, any changes to the regulations and good practice. As the concept of Civil Penalties is relatively new (nationally), it is a policy that needs to be reviewed on a regular basis.

3.    The revised Civil Penalty Policy (Appendix A), reflects the latest practice and will ensure the Council is as compliant as possible, thus protecting it from challenge.