Decision details

Civil Penalties As An Alternative To Prosecution For Housing Act Offences

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 tenants



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

Accompanying Documents: