Decision Maker: Cabinet
Decision status: For Determination
Is Key decision?: Yes
Is subject to call in?: Yes
Recommended adoption of civil penalties of up
to £30,000 as an alternative to prosecution for certain
specified offences, extension of rent repayment orders to cover
illegal eviction, breach of a banning order etc, banning orders for
the most serious offenders to tackle poor landlords and protect
1. To approve the use of the powers provided by the Housing and Planning Act 2016 and authorise the Interim Assistant Director for Regulatory Services to use these powers.
2. To approve the statement of principles policy in relation to civil penalties as an alternative to prosecution, contained in Appendix A, including the charges for Civil Penalty Notices.
3. To approve that the revenue arising from civil penalties and Rent Repayment Orders will be retained within the Environmental Health Department to meet the legal or administrative costs and expenses incurred in, and associated with, discharging its enforcement functions under Parts 1–4 of the Housing Act 2004 or under Part 2 of the 2016 Act, in relation to the private rented sector.
4. To approve the amendment to the Council’s Environmental Health Enforcement Policy, which will be updated to take account of the enforcement powers introduced by the 2016 Act.
Report author: Anju Sidhu
Publication date: 05/12/2018
Date of decision: 03/12/2018
Decided at meeting: 03/12/2018 - Cabinet
Effective from: 10/12/2018