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Decision details

Civil Penalty Policy

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To update the current Civil Penalty Policy for Private Sector Housing in light of changes brought about by the Renters Rights Act 2025.

Decisions:

Councillor Alistair Wray, Executive Member for Environment, presented the report, the purpose of which was to propose the renewal of the Council’s Civil Penalties and Enforcement Policy for Private Sector Housing Enforcement.

 

In his presentation Councillor Wray made the following points:

 

  • The Policy was introduced in July 2025 prior to the enactment of the Renters Rights Act (“the Act”) in the same year. With the Act now in place, it was necessary to renew the Policy to reflect this legislation and new guidelines.
  • The Act had placed a much greater demand and expectation to improve standards in the private rented sector.
  • The expectation of the Ministry of Housing Communities and Local Government was for enforcement through civil penalties where necessary, with fines received being used to support the cost of the work.
  • The Policy was necessarily consistent with neighbouring councils.
  • The Act had significantly expanded the powers of Local Housing Authorities against landlords and agents, with considerable fines that could be applied.
  • The Council had appointed a Tenancy Relations Officer to develop the work and ensure the Council could improve service and reduce homelessness through illegal evictions.
  • Monthly meetings would be held with legal services to review the enforcement work and the fines issued.

 

The alternative options considered in the report were that the Council may approve, amend, or reject the proposed policies as they see fit.

 

Councillor Wray proposed accepting the recommendations in the report.

 

Councillor Andrew Prosser, Executive Member for Climate Action and Nature Recovery, seconded the proposals and reiterated the importance of the Act. Councillor Prosser further noted that the penalties were important as was the enforcement and resources were needed in order to ensure that the Policy could be applied correctly.

 

A non-Executive Member questioned if there could be a conflict of interest as the fines issued would be used to resource the staffing. The Officer present advised that the regular consultation with the Council’s legal services on fines issued, the use of national policy for assessing fines and a cautious and robust approach should alleviate these concerns. New burdens funding was available to help with recruitment. The Member queried how the Council would ensure the public were aware of this Policy. The Officer advised that promotion would take place through the Council’s website.

 

Councillor Alaric Smith sought clarity on the appeals process. The Officer advised that a tribunal was available to consider civil penalty appeals but it was not envisaged that this route would be accessed often. Councillor Graham noted that full detail of the appeals process could be seen on page 225 of the agenda pack.

 

Finally, Councillor Graham suggested that, as the Policy was so comprehensive in its detail, a shortened summary may be useful and more accessible for the public, and the Officer may wish to consider this. 

 

The proposal was put to the vote and agreed unanimously.

 

That the Executive resolved to:

1.    Approve the updated Housing Civil Penalties Policy.

 

Report author: Philip Measures

Publication date: 10/09/2026

Date of decision: 09/09/2026

Decided at meeting: 09/09/2026 - Executive

Accompanying Documents:

 

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