Issue - meetings

Report number ENV708 of the Cabinet Member for Environment.    (Enclosure)

Decision:

Cabinet

1.            Approves the draft South Kesteven District Council Private Sector Housing Enforcement Policy

2.            Delegates authority to the Cabinet Member for Housing to make minor amendments to the policy that may be required to support its continued effectiveness

Reasons for decisions

1.            Report number ENV708 of the Cabinet Member for Housing and the draft policy attached as Appendix 1 to the report

2.            The number of homes in the private rented sector in South Kesteven totalled approximately 12,700

3.            The priority theme within the Housing Strategy 2017-2021 to encourage, support and regulate the private sector to provide well managed, safe homes

4.            New legislation that introduced a range of measures to target the small minority of landlords and agents who rent out substandard accommodation and harass their tenants

5.            Provisions within the Housing Act 2004 that allow the Council to recover reasonable expenses related to certain functions

6.            The summary of responses received as a result of consultation on the draft policy

7.            The initial equality analysis attached as Appendix 2 to report number ENV708

Other options considered and rejected

The Council is not obliged to introduce civil penalties as an alternative to prosecution and could continue with the current enforcement options. However, the enforcement policy will still require updating to reflect the recent changes to legislation.

Decision:

Cabinet

1.            Approves the draft South Kesteven District Council Private Sector Housing Enforcement Policy

2.            Delegates authority to the Cabinet Member for Housing to make minor amendments to the policy that may be required to support its continued effectiveness

Reasons for decisions

1.            Report number ENV708 of the Cabinet Member for Housing and the draft policy attached as Appendix 1 to the report

2.            The number of homes in the private rented sector in South Kesteven totalled approximately 12,700

3.            The priority theme within the Housing Strategy 2017-2021 to encourage, support and regulate the private sector to provide well managed, safe homes

4.            New legislation that introduced a range of measures to target the small minority of landlords and agents who rent out substandard accommodation and harass their tenants

5.            Provisions within the Housing Act 2004 that allow the Council to recover reasonable expenses related to certain functions

6.            The summary of responses received as a result of consultation on the draft policy

7.            The initial equality analysis attached as Appendix 2 to report number ENV708

Other options considered and rejected

The Council is not obliged to introduce civil penalties as an alternative to prosecution and could continue with the current enforcement options. However, the enforcement policy will still require updating to reflect the recent changes to legislation.

*           *           *

In introducing report number ENV708 the Cabinet Member for Housing referred to the proportion of homes within the district that fell within the private rented sector. He also explained legislative changes designed to protect people living in the private rented sector and drew Members’ attention to the table of proposed penalties, which was included within the draft policy.

The introduction of civil penalties provided an alternative to criminal proceedings. In discussing the proposed penalties, Members were interested in whether there was any way to ensure certainty of payment, for example, whether a local land charge could be applied to a property should any landlord refuse to pay. While the Council could not impose a local land charge, it could enforce payment through the County Court. Members wanted the level of penalty and the surety of enforcement for non-payment to send a message to any landlords attempting to let poor quality accommodation that the cheapest route for them was to maintain the property and keep it in good order.

Reference was also made to measures that were in place and being introduced to help insulate homes and reduce heating costs.

Cabinet Members agreed the recommendations in report number ENV708.