Agenda item

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 had access to it and whether letting agents had access to it in terms letting other properties.  Councillor Drake also questioned the reasoning for not having the consultation information included in the report.

The Senior Officer said that the banning orders would be UK wide and the database was developed and maintained by the Ministry for Housing, Communities and Local Government. She said that ministerial consideration was being given to allowing a wider access to this database but that it was currently limited to the Secretary of State and to local housing authorities for specific uses.

The Head of Housing and Health agreed with the point made by Councillor Drake in terms of timescales and the inclusion of consultation responses. Officers could take forward the points raised by Members and draw those together with the consultation responses received.

Councillor Frecknall mentioned a minor inaccuracy in terms of a date in the consultation document not matching the phrasing detailed at paragraph 6.1 of the report.

Councillor Goldspink referred to policy 2 and rent repayments and the ability of the Council or the tenant to make the application and asked whether it would be the Council or the tenant that would receive the repayment.

The Senior Officer Environmental Health (Residential) provided clarification In response to a question from Cllr Goldspink as to whether it would be the Council or tenant who would receive payment.

Councillor Goldspink asked what would happen to tenants where a landlord was in receipt of a banning order. The Senior Officer explained that properties could either be sold with sitting tenants or managed more appropriately. She said that if tenants were to be evicted then her team would work with housing options colleagues to see if tenants were eligible for re housing.

Councillor Ward-Booth proposed  and Councillor Goldspink seconded, a motion that the proposed new policies relating to housing standards enforcement and the adoption of the powers introduced in the Housing and Planning Act 2016 (the Act), be supported. After being put to the meeting and a vote taken, this motion was declared CARRIED.

RESOLVED – that the Executive be advised that the Overview and Scrutiny Committee supports the proposed new policies relating to housing standards enforcement and the adoption of the powers introduced in the Housing and Planning Act 2016 (the Act).