Agenda item

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.

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 comply with national legislation and guidance, delivering a transparent process for applying Civil Penalties across a range of housing legislation. It offered a consistent approach with other local authorities in the region and provided an option to tailor the financial impact of the legislation to the local housing market.

The Renters’ Rights Act 2025 [“the Act”], and associated Statutory Guidance, introduced significant changes to Local Housing Authority enforcement powers, including expanded civil penalties, statutory “starting points” for financial penalties, and a range of new investigatory powers. The Act had not been included within the ‘Legislative and Regulatory Reform (Regulatory Functions) Order 2007’ and, therefore, was outside of the scope of the Regulator’s Code and the principles of good regulation which were outlined within the Council’s General Enforcement Policy.

The proposed Private Sector Housing Enforcement Policy, along with the Civil Penalty Calculation Mechanism, consolidated housing enforcement tools, including those outside the national Regulator’s Code, ensuring consistency, proportionality, and compliance with the legislation which would not disproportionally impact the local private rented sector.

As a result of the new legislation and guidance, there were 6 areas which required inclusion or amendment in relation to the Council’s Policy. These were all addressed in the draft Private Sector Housing Enforcement Policy, attached as Appendix 1, and the Civil Financial Penalty Calculation Mechanism, attached as Appendix 2 and 3 respectively.  These were:

·       New offences and powers under the Renters’ Rights Act 2025.

·       Updated Civil Penalty calculation methodologies.

·       Statutory “starting points” for penalty calculations.

·       The ACEHO National Model Enforcement Framework.

·       Local economic conditions impacting penalty viability.

·       Increases in the level of Rent Repayment Orders.

It was proposed that the consultation would commence in late June 2026 and run for 6 weeks. It would be designed to reach residents, businesses, neighbourhood groups, local charities, faith groups, landlord groups, tenants, owner occupiers and visitors, focused on those impacted by the private rented sector. The approach would concentrate on online and email engagement, utilising the corporate consultation mechanism where possible. Paper-based opportunities would be included. It was expected that the response to the consultation, and the final proposed Policy, would be presented to Cabinet in November 2026 after full consideration of the responses.

The report was considered by the Overview and Scrutiny Management Board who advised that the recommendations be supported. OSMB requested that the consultation period be extended into September. During the meeting, the Chair of OSMB requested that the consultation be extended for a further 4 weeks. Cabinet agreed to extend the consultation by 2 weeks. This reflected the concerns raised by OSMB but meant that the original timeframe could still be adhered to.

Resolved:

That Cabinet:

1.    Approve consultation on the draft:

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

b.    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.

3.    Agree that the consultation run for a period of 8 weeks.