Agenda item

The Private Sector Housing Manager presented a report on the Enforcement and Civil Penalty Notice Policy.

The Committee was advised that the aim of the policy was to improve housing standards across the Borough by establishing a proportionate and robust approach. It was noted that the policy applied solely to private sector housing and did not extend to housing stock owned by Redditch Borough Council.

Members were informed that the policy aligned with national best practice to ensure consistency with other local authorities across England and covered areas including housing standards, landlord behaviour, illegal eviction and harassment and the regulation of Houses in Multiple Occupation. In line with the Regulator’s expectations, the policy took into account risk, harm and tenant vulnerability, as well as evidential standards. The objective was to ensure consistency in officer decision-making, improve housing standards across the Borough and reduce health and safety risks, whilst ensuring that any enforcement action taken was legally robust and defensible.

Following presentation of the report, Members discussed a number of matters in detail:

• Members welcomed the use of civil penalties outlined in the policy.
• Queries were raised regarding capacity and resources for the collection of fines, including whether additional support would be required from the Finance Team. Officers advised that civil penalty processes were already established, as fines had been collected for a number of years, and that the policy extended the scope for issuing penalties. It was confirmed that legislation was in place to address unpaid fines through escalation procedures. Officers clarified that no additional resources were anticipated to be required.
• A typographical error relating to the named Portfolio Holder within the report was identified and noted for correction.
• Concerns were raised regarding the potential impact on the private rented sector, including whether the policy might discourage landlords and increase pressure on Council housing stock. Officers advised that this concern had been raised with central Government and reassured Members that enforcement would not be targeted at minor infractions, but rather at landlords who persistently failed to comply with legislation and placed tenants at risk.
• Members expressed concern that the service should not be perceived as being driven by income generation through fines. Officers confirmed that no targets would be set and that the Council would not be financially disadvantaged if no fines were issued. It was reiterated that the purpose of the policy was to ensure landlord compliance and to protect tenants. The Chief Executive added that the intention was to raise housing standards while supporting responsible landlords.
• The process for identifying non-compliant landlords. Officers advised that a national landlord database was being introduced, alongside proactive annual inspections, intelligence gathering and external referrals to identify landlords who were not registered. It was noted that it would be important to promote available support so that residents were aware of how to seek assistance where required.
• Members queried the level of funding expected from central Government. Officers explained that New Burdens Funding had been provided to support preparation for the new legislation, including computer system updates, staff training and administrative changes. It remained unclear whether any further funding would be made available; however, officers advised that income from civil penalties was expected to offset additional costs. It was further noted that, once teams were fully trained, no further funding would be required unless there was a significant and unanticipated increase in workload.

RESOLVED that

1)    The Private Sector Housing Enforcement and Civil Penalty Policy be approved and delegated authority be granted to the Assistant Director Community & Housing Services, following consultation with the Portfolio Holder for Housing, to update the Policy in line with any legislative or government guidance updates.

RECOMMENDED that

2) The Scheme of Delegations be amended to incorporate: -

a. Enforcement powers under the Renters Rights Act 2025 in accordance with the wording set out in Appendix 2

b. Enforcement powers under the Electrical Safety Standards in the Private Sector (England) Regulations 2020 and under Section 126 and Schedule 9 of the Housing and Planning Act 2016 as set out in Appendix 3.