This report sets out updated housing policies to align with new legislative framework. 

The Committee considered a report on an updated set of policies to align with new legislative framework set by the Government.  The updated policies were attached the report and included:

·         Appendix 1 - Housing Standards Enforcement Policy

·         Appendix 2 - Housing Standards Civil Penalty Procedure

·         Appendix 3 - Statement of Principles for a penalty under Part 4 of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

·         Appendix 4 - Statement of Principles for a penalty for a breach of minimum energy efficiency standards (MEES) with respect to domestic privately rented property

·         Appendix 5 - Relevant Lettings Agency Legislation Civil Penalty Procedure

The report explained that the Council as Local Housing Authority and Weights and Measures Authority had a range of enforcement powers relating to housing standards and consumer redress, including in relation to the private rented sector.  Enforcement powers included powers to require work, prohibit use and the issue of financial penalties for breaches of legislation.

The Renters’ Rights Act 2025 introduced a significantly expanded civil penalty framework and placed new duties on the Council to enforce a broader range of landlord obligations.  The Government was also introducing a range of updates to statutory guidance relating to some of the Council’s existing enforcement powers.  To meet these requirements, the Council had to ensure its relevant policies were fully aligned with the new legislative framework.   The substantial changes would be made from 1 May 2026 and updating the Council’s policies was essential to ensure that the statutory obligations could be met.

The report noted that the policies were intended to promote greater consistency, transparency and robustness in local authority enforcement approaches, while allowing for appropriate local discretion.  Aligning the Council’s policies with the nationally recognised framework supported a consistent and defensible approach to enforcement, reduced the risk of unfavourable outcomes to legal challenge and strengthened the Council’s ability to meet its statutory duties under the Renters’ Rights Act. 

Following a question regarding awareness of the policies, it was noted that landlords had been contacted, the website had been updated, there had been a Ministry of Housing Communities & Local Government campaign and officers were working on further ways to publicise the scheme for residents and staff.  It was difficult to know the resourcing needed at this early stage, however, officers were receiving training to support on any future capacity needed and this would be monitored.

Resolved –

(1)       That the Housing Standards Enforcement Policy be adopted;

(2)       That the Private Rented Sector Civil Penalty Procedure be adopted;

(3)       That the Statement of Principles for a penalty under Part 4 of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 be adopted;

(4)       That the Statement of Principles for a penalty for a breach of minimum energy efficiency standards (MEES) with respect to domestic privately rented property be approved;

(5)       That the Relevant Lettings Agency Legislation Civil Penalty Procedure be approved;

(6)       That it be noted that stakeholder consultation would take place on the proposals;

(7)       That the Director of Planning Transport and Public Protection, in consultation with the Lead Councillor for Housing and Director of Legal & Democratic Services be authorised, to make future minor amendments to the policies where necessary to reflect changes in the law or to correct inaccuracies.