Decision details

(i)  That Cabinet considers and approves the proposed policy, attached as Appendix 1.

(ii)  That Cabinet delegates authority to the Director of Transactions & Universal Services to make minor amendments to the policy to reflect technical clarifications or legislative changes.

1.  The Enforcement of a Private Sector Housing Policy will provide clearer guidance to officers, business and the public on the council’s administration of private sector housing enforcement in the city.

2.  Following the introduction of the Housing and Planning Act 2016, the council has new statutory powers in relation to civil penalty notices and banning orders. The council is expected to implement its own policy on the use of these powers and as such these are contained within this policy.

Not having an updated enforcement policy would mean that the council would be open to challenge on our use of the updated and new powers contained within the Housing and Planning Act 2016 and Housing Act 2004 (where amended).

The statutory guidance on the use of Civil Penalties states that Local Authorities are expected to develop and document their own policy on when to prosecute and when to issue civil penalties and what the appropriate penalties are.

Also separate non-statutory guidance on the use of Banning Orders states that Local Authorities are expected to develop their own policy on when to pursue banning orders.