Agenda item

To consider adoption of a Housing Enforcement Policy for the Council.

Councillor Mrs Laws presented the Housing Enforcement Policy, which is one of the key building blocks for the work that is already underway in implementing Councillor Cornwell’s Private Rented Sector improvement plan.  She stated that the policy sets out for openness and transparency to tenants, agents and landlords the range of powers available to the Council contained in legislation that has been utilised on a day to day basis for many years.

Councillor Mrs Laws stated that whilst the policy can look scary from a landlord’s perspective, the Council will work under the framework of the Corporate Enforcement Policy which ensures prevention and intervention before enforcement wherever possible.  She believes landlords who engaged with Councillor Cornwell’s task and finish group expressed the view that the Council’s approach should not punish good landlords, which she feels this policy takes into account and if you are a good landlord you have nothing to fear.

Councillor Mrs Laws advised that the policy sets out some changes to how the Council operates some of its existing powers alongside an approach to some new powers that have recently become available.  In summary, the new policy sets out:

·         the broad range of powers available to the Council to tackle the management and condition of the housing stock

·         a proposal that the Council will start to charge for when a notice needs to be served where the legislation allows the flexibility to do so

·         a proposal to charge for non-statutory housing inspections where requested to do so by a landlord or agent to help with the development of their business

·         a proposal to introduce a Civil Penalty process for certain offences, which are now allowed under the Housing and Planning Act 2016, whereby the Council can take civil action with a maximum fine of up to £30,000.  This is an alternative to prosecution through the courts which is what the Council currently undertakes

·         a proposal to utilise a Rent Repayment Order which requires landlords, who have been proved to not fulfil their statutory requirements for the condition and management of a home, to repay an amount of rent that they received either directly back to the tenant, or if relevant back to the public sector through public subsidy as the tenant qualified to receive it

·         that the Government has also proposed that it will be extending the mandatory Housing in Multiple Occupation scheme to include properties that are less than three storey, which comes into force in October, with the Council setting a fee based on a full cost recovery model.

Councillor Mrs Laws informed members that the policy was subject to consultation between 23 April to 17 June 2018, which included a letter to 216 known landlords.  She stated that 9 responses were received, with changes made to the policy.  Further additional powers have been included relating to Energy Performance Certificates in partnership with the County Council and feedback received from the Overview and Scrutiny Panel has been incorporated.

Members made comments, asked questions and received responses as follows:

·         Councillor Boden stated that as Councillor Mrs Laws said this policy was referred in draft form to Overview and Scrutiny Panel.  The Panel made suggestions and recommendations for improvements and correction, particularly emphasising the need for prevention and information before enforcement.  He thanked Councillor Mrs Laws and officers for incorporating every positive suggestion made.

·         Councillor Tierney expressed the view that he thinks it is important that when we are heading on the wrong path to recognise it and a year ago we nearly did take the wrong path, the options were looked at taking time to think about it, with lots of Councillors being involved in that and speaking to many groups and landlords.  Another view was taken and what is happening now under Councillor Mrs Laws’ leadership is excellent.  Landlords appreciate it, they grumble about it as it is quite tough on them, but they recognise that it is fair because a lot of things are what they told us is what we should be doing and that is the balance in trying to get a situation where you are tough but not so tough.

·         Councillor Booth supported the comments of Councillor Tierney, it demonstrates that what we have done is identify the powers we have and use them in the first instance and not seek more powers for the sake of it.  He made the point that a couple of issues that he raised at Overview and Scrutiny Panel have not been taken fully on board.  He referred to the cost of the Housing Act Notice and had queried how this was calculated as he is not convinced the figure is correct and the balance needs to be at the right level, as with planning pre-application discussions, as people will not use the service.  Councillor Booth expressed the view that the replacement wording in relation to registered authorities, ie Housing Associations, he is not entirely happy with, but recognises that it is a lot better than what was there and acknowledges the fact that we are not going to give Housing Associations an easy ride and that, he feels, is an important message.

It was proposed by Councillor Tierney, seconded by Councillor Booth and AGREED that the Housing Enforcement Policy be adopted.

(Councillors Hodgson and Humphrey declared a non-pecuniary interest in this item, by virtue of having family members that are landlords.  Councillor Hodgson requested it be recorded that he abstained from voting)

(Councillors Benney, Clark, Mrs Cox, Connor, Count, Skoulding and Sutton declared a pecuniary interest in this item, by virtue of being landlords, and retired from the meeting for the duration of the discussion and voting thereon) 

(Councillor Hoy declared a pecuniary interest in this item, by virtue of the nature of her employment, and retired from the meeting for the duration of the discussion and voting thereon)