The Executive Director of Economic Growth and Neighbourhood Services submitted a report that  set out the provisions of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (” the ESS Regulations”) which came into force on 1 June 2020 and the Tenants Fees Act 2019 which came into force on 1 June 2019 for new tenancies and was subsequently extended to cover all tenancies from 1 June 2020.

The report explained that these measures alongside the Council’s existing enforcement powers would assist in tackling criminal landlords and agents and would contribute to improving housing standards in the private rented sector and included the power to impose financial penalties where necessary.  The report asked the Committee to delegate authority for officers to carry out these functions.  The report also stated that the Housing Standards Enforcement Policy had been updated to reflect these new enforcement powers and the charging process for financial penalties and a copy was attached to the report at Appendix 1.

Resolved:

(1)      That the Assistant Director of Planning, Transport and Regulatory Services, in consultation with the Assistant Director of Legal and Democratic Services and the Assistant Director of Finance be granted delegated authority to enforce the requirements of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 and the Tenants Fee Act 2019;

(2)      That the Assistant Director of Planning, Transport and Regulatory Services, in consultation with the Assistant Director of Legal & Democratic Services, be granted authority to discharge the Council’s duties and powers under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 and the Tenants Fee Act 2019 along with subsequent Regulations and Orders as well as policies and procedures relating to both pieces of legislation;

(3)      That the revenue arising from financial penalties issued under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (schedule 2) and the Tenants Fees Act 2019 (Schedule 3) be reinvested into the Regulatory Services - Private Sector Housing Team.