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