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Decision details

IMPLEMENTATION OF ENFORCEMENT POLICY UNDER TENANT FEES ACT 2019

Decision Maker: Cabinet

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

Cabinet is recommended to:

 

·         Adopt the new enforcement powers against rogue landlords and Letting Agents contained within the Tenants Fees Act 2019 once enacted.

 

·         Enable the Council to serve notices imposing Civil Penalties of up to a maximum of £30,000 in respect of offences under the Act.

 

·         Amend the Council’s Scheme of Delegation where necessary to reflect the adoption of these new powers and powers further delegated to officers within the Council who will be responsible for enforcement of the legislation

 

Decision:

Cabinet:

(1)  agreed that the Council adopts the new enforcement powers contained within the Tenants Fees Act 2019;

 

(2)  agreed the Housing Enforcement Policy at Appendix 1 of the report, which has been amended to include the policy on determining the appropriate level of financial penalties to impose under the provisions of the Tenants Fees Act 2019; and

 

(3)  delegated to the Director of Neighbourhoods and Commercial Services, in consultation with the Portfolio Holder for Housing and Homelessness Prevention and the Director of Governance and Law, authority to develop, implement and further amend the Council’s detailed Policy and Procedure in respect of enforcement under the Tenants Fees Act’s provisions, schedules and any other any guidance issued by the Secretary of State.

 

OPTIONS & ALTERNATIVES CONSIDERED

The Tenants Fees Act 2019 places a statutory obligation on Local Authorities and therefore there is no alternative option.

The new powers will supplement and enhance the existing powers, and, for example, the Council will retain the option to prosecute landlords for the worst offences.

 

Report author: Sandra Bennett

Publication date: 05/09/2019

Date of decision: 05/09/2019

Decided at meeting: 05/09/2019 - Cabinet

Accompanying Documents: