Decision details

DETAILS OF DECISION:
Background: In December 2017, Cabinet approved the introduction of the Private Sector Housing Civil Penalty Policy V1 (Cabinet Decision Record D170112). The fee structure for the calculation of Civil Penalty fees was updated in October 2019 with V2 agreed (Decision Record EGDS.HS.214.19) and again in October 2022 V3 (Decision Record FDR.153.2223).
In November 2024 (Decision Record CAB/64/24) the Civil Penalty Policy V4 was agreed by Cabinet (to reflect a legal ruling from an Upper Tribunal (UT) decision). At this time and in recognition of the Renters Rights Bill, Cabinet delegated authority to the Director of Adults, Health & Wellbeing in consultation with the Cabinet Member for Regeneration and Housing to make any further/necessary amendments to the Civicyt Penalty and associated financial penalty policies.
The Renters Rights Act 2025 obtained Royal Assent on 27th October 2025. This introduces housing reforms to be delivered through phased approach. New investigatory powers were implemented from 27th Dec 2025, phase 1 will commence on the 1st of May 2026 which will see the introduction of new or amended Civil Penalty Offences. Section 107 of the Act places a statutory duty on the local housing authority to enforce landlord legislation within its area. V5 of the Civil Penalty Policy has been updated to reflect these changes.
This introduces an amended version 5 of the Civil Penalty Policy.
Decision: Approve Version 5 of the Civil Penalty Policy

REASONS FOR DECISION:
The Civil Penalty Policy and associated matrix fee now requires updating to reflect these legislative changes referred above. The main changes are as follows:
1.Revised Civil Penalties levels from £5,000 to £7,000 for minimum offences and increase from £30,00 to £40,000 for severe offences - as an alternative to prosecution.
2.25 new or amended civil penalty offences have been introduced by the Renters Rights Act 2025 (as detailed in the offences table) which will be enforced between the Private Rented Housing / Homelessness and Trading Standards service areas.
3.The Homelessness and Trading Standards services will now be operating under the civil penalty policy for the associated offences.
4.The Policy (V5) looks to assess and set a level of civil penalty based on the assessment of multiple offences which apply to one property.
5.For a joint owner of a property, a Civil Penalty will be served separately on each owner.
6.Offences identified under The Renters’ Rights Act are regulated under an ‘enforcement first approach’.
7. The Policy (v5) refers to new Government statutory guidance and appeals provision.
8. Provides information on financial considerations that will be considered as part of a written representation.
Version 5 of the policy will ensure that the Council can continue to take appropriate action to drive up standards of property management and condition in the private rented housing sector. This amended version will not be applied retrospectively and will be applicable on 1st May 2026 onwards.

The alternative option would be to continue to use Version 4 Private Sector Housing Civil Penalty Policy. This is not deemed to be appropriate and would not support the council fulfilling its duty under the Renter Rights Act 2025.

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