Agenda item

The Cabinet Member for Corporate Governance and Licensing presented the report which concerned a new draft Corporate Enforcement Policy.   The Policy was last revised in February 2017 and a review and update was required.   The Cabinet Member thanked the Head of Service, Public Protection and her team for the work which had gone into compiling the new Policy together with the Legal colleagues at Legal Services Lincolnshire for their input in assisting and checking the document before the Committee today.

The Enforcement Policy covered a wide range of Regulatory Services including:

Public Protection which included Environment Health, Environmental Protection, Private Sector Housing, Community Safety (Neighbourhoods) and Licensing.

Development Management

Building Control

Finance

Tenancy Services

Each Manager of the regulatory service covered by the Policy would be responsible for its effective implementation through the enforcement activities of their team.

The Policy also incorporated three other South Kesteven District Council Enforcement Policies as specified in the appendices.  The Policy would be going to three Overview and Scrutiny Committees:

Housing OSC

Environmental Health OSC

Rural and Communities OSC

Before going to Cabinet for adoption.

The Policy would ensure that the Council achieves and maintained consistency in its approach to enforcement.

A questions was asked in relation to which Act was used in respect of overcrowding of residences, was it the Housing Act 1985 or the Housing Health and Safety Rating System as set out in the Housing Act 2004 and how did landlords know which was the relevant Act.  Also what safeguards were in place in respect of vulnerable tenants who were at risk of eviction due to enforcement proceedings.

It was stated that it was a combination of both Acts with the Housing Act overarching the HHSRS Act.  Safeguards were in place in respect of vulnerable tenants and each case was assessed and judged together with other housing colleagues.  Enforcement officers were trained to assess each case and what was the best course of action required.

Further questions were raised about the enforcement of Council tenants and how this was balanced.  It was stated that the Enforcement Policy would be followed so there was a consistency in respect of actions taken however, all relevant factors would be taken into account.  More discussion followed on how landlords avoided confusion in respect of the Acts used in respect of overcrowding enforcement and how the Council’s duty as a landlord was separated from their enforcement duty.

The Head of Service, Public Protection stated that she would take the issue away as an action to compile some useable guidance for Landlords and raise the issue at the forthcoming Landlord Forum on 7 November 2025 (TBC).

ØAction

Head of Service, Public Protection to compile guidance for Landlords in respect of enforcement action for houses in multiple occupation.

The Vice-Chairman made reference to the Lincolnshire Landlord Accreditation Scheme for Private Sector Landlords and asked whether it was a compulsory scheme, if it wasn’t, how many landlords had signed up to the scheme.  She also asked a question in respect of the electrical safety standards and enforcement of non-compliance, as she was aware that this was not a statutory requirement and she wondered what the enforcement options were for private landlords in these instances.

The Head of Service, Public Protection indicated that she was not aware that it was compulsory for landlords to sign up to the Lincolnshire Landlord Accreditation Scheme but she would check and find out numbers.

ØAction

The Head of Service, Public Protection to check if it was compulsory for Landlords to sign up to the Lincolnshire Landlord Accreditation Scheme and to check how many landlords were signed up to the scheme in South Kesteven and circulate the information to the Committee.

It was noted that the electrical standards enforcement was a new addition to the appendix of the Policy.  Previously no enforcement action had been taken in the private rented sector as it had not been part of the Policy.  When Officers inspected properties, it would have been advisory before it got to that level of enforcement.  It added an extra layer that protected the private rented tenants more.

The Head of Service, Housing then spoke in relation to tenants sustaining their tenancy which was the primary aim.  There was a lot of support available for tenants with Officers working with tenants to maintain their tenancy.  Enforcement was seen as a last resort and would only be taken if the need was there.   Support for the tenant must be evidenced with each case being looked at individually, it was a difficult balancing act but the main aim was for a tenant to sustain their tenancy.

Further discussion following in respect of monitoring overcrowding in HMO’s, vulnerable tenants and enforcement due to Anti-Social Behaviour disputes and fly tipping fines to which the Head of Service, Public Protection, the Head of Service, Housing and also the Lawyer from Legal Services Lincolnshire responded.

It was noted that the use of tenancy enforcement in relation to council owned housing was used as a last resort. Each case was looked at individually to try and solve problems before it got to an enforcement level.  Legal Services Lincolnshire had looked over the document which went beyond housing.  Currently the Policy was in draft format and could be subject to further amendments.  It was stated that fly tipping was a major issue and the importance of partnership working between teams and Officer time to address the issue and find the culprits should not be underestimated and this was endorsed by the Chairman.

The draft policy was proposed, seconded and recommended for approval to Cabinet.

Recommendation

That the draft Corporate Enforcement Policy be recommended to Cabinet for approval.