Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations:

1.    That Cabinet approves the new Banning Order Policy.

Consideration was given to the report which sought approval of the new Banning Order Policy in relation to private sector housing. The Housing and Planning Act 2016 introduced a number of tools and powers related to private sector housing enforcement, including the use of Banning Orders. Banning Orders became law at the end of 2018 and were to be used as a sanction for those who rented out private residential properties and were convicted of certain offences. A Banning Order would result in the individual being banned from managing rented properties anywhere in England for a defined period and a breach would constitute an offence which could result in imprisonment or a fine. A Banning Order also had the effect of determining an individual to be not ‘fit and proper’ to hold a licence under Parts 2 and 3 of the Housing Act 2004: Houses in Multiple Occupation Licences and Selective Licensing Licences respectively.

Due to the significance of the sanctions, the Policy, attached to the report at Appendix 1, had been produced to outline the Council’s approach to Banning Orders and under what circumstances the Council would consider using such powers. In particular, work through Selective Licensing and recent targeted operations had created the need to consider further sanctions available to address persistent or serious offences.

Banning Orders provided a potentially useful tool for excluding landlords, agents and property management agencies from the private rented sector where relevant convictions exist. This power added to the tools that were available to the Council to use in relation to those individuals who routinely offered poor housing conditions, often to the poorest and most vulnerable people in society.

Resolved:-

That Cabinet approve the new Banning Order Policy.