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