The Private Sector Housing Manager presented Members with the 2023 review of the Private Sector Housing Enforcement Policy.

The Committee was informed that this was the first review of the policy since its approval on 25 September 2019. The policy was currently a 32-page document with 1 appendix ‘Policy for imposing financial penalties under the Housing Act 2004 and the Housing and Planning Act 2016’.

The Private Sector Housing Manager advised that:-

·         the policy was initially created prior to the service taking on additional service areas such as Empty Homes, Caravan Licensing and Minimum Energy Efficiency Standards (MEEs);

·         there were also other services not cited within the policy that may involve the Private Sector Housing Team to inspect and/or enforce; these included temporary accommodation and GBC Lettings; and

·         Home loss payments was not covered within the policy; this fell under the Land Compensation Act 1973. Members were informed that a claim had been received within the last 12 months via the Private Sector Housing Team which resulted in £7,800 being paid to a member of the public. Members were informed that the Private Sector Housing Team will attempt to resolve informally at every opportunity. However, there will be times when formal activity via enforcement will be the Council’s only option.

Following a review of the existing policy, it was proposed that it be updated to incorporate the following key changes:-

·         the 17-page appendix 1 ‘Policy for imposing financial penalties under the Housing Act 2004 and the Housing and Planning Act 2016’ be removed;

·         the Civil Penalties Policy be linked and cited within this policy;

·         Minimum Energy Efficiency Standards (MEES) to be referenced within this policy. Members were informed that changes were due in October 2023 and after this a dedicated Minimum Energy Efficiency Standards (MEES) policy would be written;

·         Caravan Licensing be included;

·         Empty Dwelling Management Orders (EDMOs) in relation to Empty Homes be included;

·         reference be made to GBC Lettings, where properties may have been identified as having disrepair or require enforcement;

·         HMO management and the HMO Licensing 2022 Policy be referenced; and 

·         the pending Renters Reform Bill and Decent Homes be referenced.

The Private Sector Housing Manager advised that the service will continue to advance in enforcement action which will require robust, modern policies and failsafe procedures as far as reasonably practicable. The Council should be seen to be both creative and proactive in the delivery of the Private Sector Housing Service. Whilst the initial stance of the Council will be to resolve informally, the Council needs to have the correct tools in place to effectively enforce where necessary.

The Committee considered the key changes and highlighted the following for consideration:-

·         the policy refers to first-tier tribunals, if a tribunal was upheld and the defendants were awarded costs, does the Council have a contingency in place to cover these costs. Also, would the Council’s Legal Team be involved in the tribunal or would external support/advice be sought as all policies/processes must meet the resources available in-house;

·         the Private Sector Housing Manager advised that the Council was confident in its processes and if the Council was to see an increase in tribunals being upheld then it would need to review the processes it had in place. However, the Private Sector Housing Manager advised that she would explore the option of a contingency. The Committee was also informed that the appropriate officer within Housing Services would be involved in the tribunal however, if legal support/advice was required, then this would be sought in-house. The Council also recently received a green audit within this area which means that the Council had good processes/procedures in place;

·         Members stated that they received contact from constituents, living in private sector housing, regarding unpleasant living conditions and asked what the process was.  The Private Sector Housing Manager advised that the tenant would need to report via the online form providing all necessary background information then the Council would arrange an inspection and liaise with the landlord informally in the first instance, unless the home was unsafe to live in, then formal action/notices would be served. The Committee was informed that the Housing Services Team would be happy to undertake a Member training/briefing session on this area; and

·         the policy listed all relevant legislation however it was noted that some people may not be aware that the Disability Discrimination Act had now been replaced by The Equality Act therefore it was requested that this be referenced within the policy. 

Due to the Private Sector Housing Enforcement Policy and the Civil Penalty Policy being closely linked, the items were discussed in conjunction with one another therefore minutes 13 and 14 should be read in conjunction so that all areas raised can be updated within the appropriate policies. 

The Committee discussed and provided its feedback (as above) on the review of the Private Sector Housing Enforcement Policy prior to it being ratified by the Cabinet Member for Housing Services.