Issue - meetings

Civil Penalties under the Housing and Planning Act 2016 and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Meeting: 30/01/2025 - Cabinet Member Signing (Item 7)

7 Civil Penalties under the Housing and Planning Act 2016 and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 pdf icon PDF 312 KB

Additional documents:

Minutes:

This report sought to gain authorisation to adopt changes to the section setting out the process of setting civil penalties imposed by Civil Penalty Notices (CPN) under the Housing and Planning Act 2016 in the existing Private Sector Housing Enforcement Policy.

The team would provide warnings before civil penalties were issued; this would be in the form of two warning letters – there would be an opportunity to appeal this or provide representations.

RESOLVED

RECOMMENDATIONS

That Cabinet member for Housing and Planning:

1. Approved the revised document at Appendix 1 to this report.

2. Authorised the Director for Environment and Resident Experience, in consultation with the Cabinet Member for Housing and Planning to adopt any further similar amendments as may be required in the future

Alternative options considered

The alternative option was to leave the current policy on the use of Civil Penalty Notices as it was and not take account of the judge’s decision in the case of Leicester v Morjaria.

Were it not to revise the policy, the Council would be likely to have CPN’s appealed and challenged.

The result of this could be a failure to uphold Civil Penalty Notices and the associated fines