Issue - meetings

The Executive Member for Neighbourhoods proposed the recommendation made by the Executive, as referred to in the Executive report of 6 October 2020, in respect of new housing standards enforcement powers. The measures, which had been developed with other local authorities, would help improve housing standards and would provide for civil penalties to be imposed in a consistent way. He proposed a motion to support the recommendation.

Councillor Symonds said these measures had been anticipated for a considerable time. She seconded the motion.

Councillor Goldspink said the Liberal Democrat Group supported the policy, but she questioned what would happen to tenants affected by banning orders. She asked whether a small amendment could be made to ensure the Council confirmed it would be alert to the needs of tenants.

Councillor Redfern supported Councillor Goldspink’s comments.

Councillor Boylan said he took note of the point raised, but that there was no need for an amendment, as Officers would take all due consideration required in applying the policies.

The motion to support the proposal having been proposed and seconded, it was put to the meeting. Upon a vote being taken, it was declared CARRIED.

RESOLVED – that the following policies relating to housing standards enforcement, using powers introduced in the Housing and Planning Act 2016 be adopted, as set out in Appendix C to the report submitted to the Executive on 6 October 2020:

(1)        Issuing of civil penalties;

(2)        Applications for rent repayment orders;

(3)        Applications for banning orders; and

(4)        Use of the Rogue Landlords and Property Agents Database.

Councillor Boylan, the Executive Member for Neighbourhoods, submitted a report seeking that the proposed new policies on housing standards enforcement and the adoption of powers introduced in the Housing and Planning Act 2016 be recommended to Council for adoption. The policies had been developed with other local authorities across Hertfordshire and Bedfordshire. The Overview and Scrutiny Committee had considered the proposals and had made a number of helpful comments which had been taken into account. 

Councillor Boylan thanked Officers, and in particular the Senior Environmental Health Officer. Councillor Buckmaster said he hoped there would be no need to implement the policies, as they included some significant powers. However, he welcomed the fact that the policies would ensure use of the penalties was done in a consistent and transparent way.

Councillor Boylan proposed, and Councillor Goodeve seconded, a motion to support the recommendations in the report. On being put to the meeting, and a vote taken, the motion was declared CARRIED.

RESOLVED – to recommend to Council that (a) the following proposed new policies, as attached at the appendix to the report, relating to housing standards enforcement, using powers introduced in the Housing and Planning Act 2016, be adopted:

(i)           issuing of civil penalties;

(ii)        applications for rent repayment         orders;

(iii)      applications for banning orders;         and

(iv)      use of the Rogue Landlords and          Property Agents Database.

The Executive Member for Neighbourhoods submitted a report that presented a policy regarding the enforcement of standards for private sector landlords in East Herts. The Service Manager (Environmental Health) said that the Housing and Planning Act 2016 gave the Council some new enforcement powers for dealing with landlords and property agents.

The Service Manager (Environmental Health) advised that the Council needed to have documented policies to make the council’s use of these powers lawful and to provide transparency and consistency in respect of civil penalties. He listed the policies included.

Members were advised that a 10 week consultation was still ongoing and the results of this would feed into the report to the Executive.

Councillor Goldspink asked how judgements would be reached in a consistent and transparent way in terms of Officers deciding on the use of civil penalties on a case by case basis. She referred to banning orders and sought clarification of the phrase “at a time when they were a landlord or property agent”.

The Senior Officer Environmental Health (Residential) said that each potential civil penalty case differed, and depended on the offence committed, the circumstances of the landlord and the tenant. She said that the offences covered were not directly related to the landlord or agent role and hence the qualification that such offences could only be taken into account while the person was a landlord or agent. She said that the matrix allowed Officers to take into account a series of factors in each case and this included the culpability of the landlord and other factors specified in the guidance, this is similar to the matters a magistrate may take into account when determining a fine on prosecution.

Councillor Goldspink said that if the wording included a reference to the matrix then it would be clearer than just saying that each instance was assessed on a case by case basis. Members were advised that this suggestion was certainly something could take forward when making a recommendation to the Executive. The Senior Officer Environmental Health (Residential) acknowledged the Member’s suggestion and explained that in developing the Council’s guidance, Officers were adhering as closely as possible to the original wording within legislation to ensure that the Council was complying with the law.

Members were advised that Officers had discretion to not apply for a banning order and’ even where applied for, not to force a landlord to give up rental properties immediately. Officers could still put that landlord onto the database of rogue landlords so that other local authorities were aware of that landlord.

The Head of Housing and Health said that the wording might appear a bit cumbersome but given that it relates to significant actions with serious implications the policies needed to fit within the wording of the legislation itself.

Councillor Drake asked whether the banning orders would be UK wide or would only apply in a district or county and she also wished to know how the database was used in terms of who  ...  view the full minutes text for item 164