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Decision details

Implementation of Financial Penalties as alternatives to prosecutions under Housing Act 2004 introduced under Part 2 Housing and Planning Act 2016

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Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

To delegate to the Strategic Director of Community Wellbeing in consultation with the lead member for Housing and Welfare Reform all powers to issue, use and enforce civil penalties and all other enforcement powers under the Housing and Planning Act 2016.

Decision:

RESOLVED that:

 

10.1    The Council shall adopt the new enforcement powers against rogue landlords and letting agents contained within the Housing Act 2004 as amended by the Housing and Planning Act 2016;

 

10.2    It was noted that the enforcement powers once in force, enable the Council to serve notices imposing Civil Penalties of up to a maximum of £30,000 in respect of the following offences:

·         Failure to comply with an Improvement Notice

·         Failure to licence or be licensed in respect of Houses in Multiple Occupation (HMOs)

·         Failure to licence or be licensed in respect of the Landlords Selective Licensing Scheme

·         Failure to comply with licensing conditions

·         Failure to comply with an Overcrowding Notice

·         Failure to comply with a regulation in respect of an HMO

·         Breaching a Banning Order;

 

10.3    It was noted that the enforcement powers once in force, enable the Council to apply a Rent Repayment Order in respect of the following offences:

·         Failure to comply with an Improvement Notice

·         Failure to comply with a Prohibition Order

·         Breaching  of a Banning Order

·         Using violence to secure entry to a property

·         Illegal eviction or harassment of the occupiers of a property;

 

10.4    The Housing Enforcement Policy, within Appendix 1 of the report which had been amended to include reference to the issuing of civil penalties as an alternative to prosecution for relevant offences under the Housing Act 2004, be agreed; and

 

10.5    The Strategic Director of Community Wellbeing be authorized to authorise other council officers, including but not limited to the Head of Private Housing Services (PHS), PHS Managers, PHS Enforcement Officers and PHS Licensing Officers, to discharge the powers listed above. 

 

Wards Affected: (All Wards);

Contact: Spencer Randolph, Director - Housing Services Email: spencer.randolph@brent.gov.uk Tel: 020 8937 2546.

Report author: Spencer Randolph

Publication date: 12/09/2017

Date of decision: 11/09/2017

Decided at meeting: 11/09/2017 - Cabinet

Effective from: 19/09/2017

Accompanying Documents:

  • Implementation of Financial Penalties as alternatives to prosecutions under Housing Act 2004 introduced under Part 2 Housing and Planning Act 2016 pdf icon PDF 142 KB
  • Appendix 1 - Civil Penalies Matrix pdf icon PDF 234 KB
  • Appendix 2 - Enforcement Policy Jul 17 pdf icon PDF 245 KB

 

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