Cabinet Member for Housing and Safer Communities 

Cabinet considered the report of the Head of Housing, Economy and Community Services and the above Cabinet Member, which sought approval to use civil penalties and set-out how the Council would implement new enforcement powers contained in the Housing and Planning Act 2016.  This allowed financial penalties to be imposed as an alternative to prosecution for certain housing offences under the Housing Act 2004 and for a breach of a banning order under the Housing and Planning Act 2016.  The Policy was set-out at Appendix I to the report.

The Cabinet Member for Housing and Safer Communities introduced the report.  He drew attention to paragraph 2.4 on page 80 of the report, which set-out the list of offences that the Council could impose penalties for.  The legislation would equip local authorities in the management of landlords.  The Cabinet Member for Housing and Safer Communities drew attention to Table 1, on page 82 of the report, which set-out the financial penalty banding taking into account government guidance and linking culpability and harm criteria as outlined in the Policy.  He endorsed the report and proposed the recommendations.

A Member welcomed the document which he hoped would send a clear message that the Council would not allow rogue landlords to set-up in Swale.

In response to queries from Members, the Cabinet Member for Housing and Safer Communities explained that he hoped that officers would not have to use the penalties policy, and that it was one-step short of taking landlords to Court, and would act as a useful deterrent.  The Cabinet Member stated that it was about getting landlords to accept their responsibilities and do the right thing by their tenants.  With regard to sending a message to ‘rogue’ landlords, he stated that the Council would do this if appropriate.  The Cabinet Member stated that the wording ‘criminal’ landlords, was the language used in the Government’s document on the legislation, and that fraud was not an offence that the Council would be able to serve penalties for. 

Resolved:

(1)       That the use of Civil Penalties Policy as an alternative to prosecution, as set out at Appendix I of the report, be adopted.

(2)       That the Head of Housing, Economy and Community Services be delegated all powers to issue, use and enforce civil penalties as detailed in the Housing and Planning Act 2016 and any regulations made therefore under, including deciding on the level of penalty and dealing with representations.

(3)       That the Head of Housing, Economy and Community Services be delegated authority, in consultation with the Cabinet Member for Housing and Safer Communities to make amendments to the policy, to maintain functionality and reflect changes in guidance or legislation.