Decision details

To seek approval to adopt the following housing enforcement related policies to come into effect from the date of approval of this report on or around the 1st May 2026:
1)Private Sector Housing Civil Penalties Policy 2026
2)Private Sector Housing Enforcement Policy 2026
3)Fit and Proper Person Policy 2026
To delegate authority to the Director of Place to issue Rent Repayment Orders in accordance with statutory guidance and the Housing Act 2004 and Housing and Planning Act 2016.

Recommendation(s)
THAT the Leader of the Council:
1)Approves the adoption of the Private Sector Housing Civil Penalties Policy 2026 (see Appendix A) to implement the Renters Rights Act 2025 and to replace the 2019 version of the Policy.
2)Approves the adoption of the Private Sector Housing Enforcement Policy 2026 (see Appendix B) to implement the Renters Rights Act 2025 and to replace the 2019 version of the Policy.
3)Approves the adoption of the Fit and Proper Person Policy 2026 (see Appendix C) to replace the current policy adopted in 2019.
4)Delegates authority to the Director of Place to issue Rent Repayment Orders in accordance with statutory guidance and the Housing Act 2004 and Housing and Planning Act 2016.
5)To authorise the Director of Place to take such actions and decisions as are necessary to facilitate the effective implementation of the Council’s powers referred to in this report.
6)To Authorise the Director of Place, in consultation with the relevant Portfolio Holder or Leader of the Council, to approve variations to the policies in line with any revised statutory guidance or relevant updated advice.

The use of these policies will contribute to the following corporate priorities:
•To make residents feel safe and included
•Ensure quality homes and sustainable communities
•Prevent homelessness

Not to approve the adoption of the new policies. Failure to adopt new policies would mean that the council could only implement the existing policies adopted in 2019 and would prevent the Council from meeting statutory duties under the Renters’ Rights Act 2025. Without using civil penalties the only remedy for certain offences would be via the courts. The Government has specifically introduced civil penalties as an alternative to prosecution and any income received by the council through civil penalties would be far greater than the costs awarded through a prosecution, the fines imposed through a prosecution go to the Crown rather than the Council. The Government guidance advises the income received through civil penalties should be invested in private sector housing services to benefit local residents living in private rented homes.