Issue - meetings
Enforcing Legislation Concerning Letting Agent’s Redress Scheme
Meeting: 24/04/2017 - Cabinet (Item 16)
16 Enforcing Legislation Concerning Letting Agent's Redress Scheme 
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The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, (the Order) came into force on 1 October 2014. Local Authorities are the ‘enforcement authority’ for this order and have a statutory duty to enforce it. It is proposed that Cabinet delegate enforcement of the Order to both the Council’s Trading Standards and Private Housing Services and agree the value of the monetary penalty to be levied.
Decision:
RESOLVED:
16.1 Cabinet agreed to the introduction of a penalty charge of £5k, reduced to £2.5k if paid within 14 days for the non-compliance of the Redress Schemes for Letting Agents and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.2 Officers working in the Trading Standards Service, were delegated responsibility for the Council’s statutory duty of enforcing the Redress Schemes
for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.3 Officers working in Private Housing Services, were delegated responsibility for the Council’s statutory duty of enforcing the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.4 Cabinet delegated authority to the Trading Standards Senior Regulatory Service Manager and any manger above this position, to review the value of any penalty charge imposed subject to any representations made by recipient as prescribed by the Order.
16.5 Cabinet delegated authority to the Head of Service, Private Housing Services and any manger above this position, to review the value of any penalty charge imposed subject to any representations made by recipient as prescribed by the Order.
16.6 Cabinet agreed any monetary penalties received in connection with the Order be used by either of the two teams issuing the penalty charge to fund the costs of enforcing the Order.
Minutes:
Councillor Tom Miller, Cabinet Member for Stronger Communities, introduced the report stating that the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, (the Order) came into force on 1 October 2014. Local Authorities are the ‘enforcement authority’ for this order and have a statutory duty to enforce it.
He stated that it is proposed that Cabinet delegate enforcement of the Order to both the Council’s Trading Standards and Private Housing Services and agree the value of the monetary penalty to be levied.
RESOLVED:
16.1 Cabinet agreed to the introduction of a penalty charge of £5k, reduced to £2.5k if paid within 14 days for the non-compliance of the Redress Schemes for Letting Agents and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.2 Officers working in the Trading Standards Service, were delegated responsibility for the Council’s statutory duty of enforcing the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.3 Officers working in Private Housing Services, were delegated responsibility for the Council’s statutory duty of enforcing the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.
16.4 Cabinet delegated authority to the Trading Standards Senior Regulatory Service Manager and any manger above this position, to review the value of any penalty charge imposed subject to any representations made by recipient as prescribed by the Order.
16.5 Cabinet delegated authority to the Head of Service, Private Housing Services and any manger above this position, to review the value of any penalty charge imposed subject to any representations made by recipient as prescribed by the Order.
16.6 Cabinet agreed any monetary penalties received in connection with the Order be used by either of the two teams issuing the penalty charge to fund the costs of enforcing the Order.