Issue - meetings

Report from the Executive Director of Regeneration and Environment.

Recommendations

That Cabinet:

1.    Approve consultation on the draft:

1. Private Sector Housing Enforcement Policy, derived from the Association of Chief Environmental Health Officers (ACEHO) National Model Enforcement Policy; and

2. Civil Penalty Calculation Mechanism, including local market adjustment.

2.    Note that a  ...  view the full agenda text for item 11

Consideration was given to the report which sought approval to consult on a Private Sector Housing Enforcement Policy to sit alongside the Council’s General Enforcement Policy and a Civil Penalty Calculation Mechanism, for delivering Civil penalties under the Renters’ Rights Act 2025 and other relevant legislation. This was necessary to  ...  view the full minutes text for item 11

Report from the Executive Director of Regeneration and Environment.

Recommendations

That Cabinet:

1.    Approve consultation on the draft:

1. Private Sector Housing Enforcement Policy, derived from the Association of Chief Environmental Health Officers (ACEHO) National Model Enforcement Policy; and

2. Civil Penalty Calculation Mechanism, including local market adjustment.

2.    Note that a future report with the outcome of the consultation and revised policy documents will be presented to Cabinet in November 2026.

At the Chair’s invitation, Councillor Beresford, Cabinet Member for Housing, introduced the report explaining that the Renters Rights Act and associated statutory guidance was published in November 2025.  This introduced significant changes to local authority enforcement powers, including expanded civil penalties, statutory starting points for financial penalties, and additional investigative powers.

It was noted that, as these powers fall outside the Regulators’ Code, a revised Private Sector Enforcement Policy and civil penalty calculation mechanism was required. Approval would be sought from Cabinet to undertake a six-week consultation commencing in late June, in order to comply with national legislation and establish a transparent and evidence-based framework for applying civil penalties.

The importance of ensuring proportionate and robust enforcement against non-compliance was highlighted, alongside the need to maintain fairness for compliant landlords and to reflect local housing market conditions and enforcement priorities.

It was reported that, although the Act increased civil penalties to a maximum of £40,000 and introduced a two-penalty tier system (with a lower tier of £7,000), a local reduction factor of 46.6% was proposed to ensure proportionality and recoverability in the local context. Statutory starting points would be applied, with provision for a 15% early payment discount and officer discretion of up to 20% either way based on mitigating or aggravating factors, as detailed in the appendices.

It was noted that the policy would be subject to annual review and that landlords would retain the right to challenge civil penalties through the First-tier Tribunal. Subject to Cabinet approval, a further report outlining consultation outcomes and any revised policy would be presented in November 2026, with findings to be reported back to the Board.

The Chair invited members of the Overview and Scrutiny Management Board (OSMB) to raise questions, with Councillor Blackham expressing concern that the six?week consultation period, while meeting the statutory minimum, coincided with the summer holidays when engagement might be reduced. It was noted that the proposals were complex, involving detailed information and multiple legislative references, raising concerns about achieving meaningful engagement within the timeframe.

Sam Barstow, Service Director for Community Safety and Street Scene, acknowledged the complexity and advised that consultation materials would be simplified, focusing on key principles rather than detailed financial calculations. He confirmed the six?week period met statutory requirements and was considered sufficient, with prompt communication and reminders planned to support participation.

The Chair noted that similar concerns about summer consultations had been raised previously, suggesting these should take place before the holiday period or extend into September to maximise engagement. It was proposed that this concern be included in the Board’s recommendations.

Councillor Tinsley raised concern over the lack of a clear consultation plan, noting that previous exercises, such as selective licensing, had struggled to secure meaningful engagement. Clarification was sought on how the Council would effectively engage private sector landlords, including methods to reach the sector, promote participation, and raise awareness of the Renters’ Rights Act among those not yet informed.

It was acknowledged that, despite concerns about the  ...  view the full minutes text for item 5