Issue - meetings

Decision:

(1)     That the charging structure for financial penalties imposed in accordance with the powers introduced by Sections 122 and 123 of the Housing and Planning Act 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, as set out in Appendix 1 to the report submitted to the Executive, be approved.

(2)     That authority be delegated to the Head of Environment and Regulatory Services to take all necessary action to implement the charging structure and impose financial penalties in accordance with the Regulations.

Reason:

To enable the Council to exercise the powers introduced by Section 122 & 123 of the Act to impose financial penalties for failure to comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

Other options considered and rejected by the Executive:

Not to utilise the power to issue civil penalties and to continue without enforcement provisions.

Details of any conflict of interest declared by the lead or lead councillors and any dispensation granted:

None.

The Executive considered a report setting out new legislative powers awarded to the Council under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 to improve housing standards in the private rented sector and enable financial penalties to be imposed if electrical safety standards were not met. The Regulations imposed strict requirements on landlords including regular safety testing and certification. Landlords were required to satisfy the Council that proper safety standards had been met within a set time period. A financial penalty was the enforcement tool provided to councils in relation to the Regulations.

A charging structure for such penalties was presented for approval and authorisation sought for the Head of Environment and Regulatory Services to determine the amount of any financial penalty in accordance with the charging structure. The charging structure was based upon a government matrix and would be enforced proportionally. The upper limit of the financial penalty was £30,000 which might be applied where there had been a serious risk to tenants or a blatant refusal by a landlord to respond to risk and implement safety measures.

The Executive

RESOLVED:

(1)   That the charging structure for financial penalties imposed in accordance with the powers introduced by Sections 122 and 123 of the Housing and Planning Act 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, as set out in Appendix 1 to the report submitted to the Executive, be approved.

(2)   That authority be delegated to the Head of Environment and Regulatory Services to take all necessary action to implement the charging structure and impose financial penalties in accordance with the Regulations.

Reason:

To enable the Council to exercise the powers introduced by Section 122 & 123 of the Act to impose financial penalties for failure to comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.