Agenda item

This report sets out the current enforcement priorities of Housing Services and gives the level of activity within each area.

The Team Manager for Standards & Improvement introduced this to the Panel. He stated that a number of revisions are proposed to take account of policy updates and changes to legislation following a recent review of the existing policy, these include:

·  Financial Penalties for some offences covered by the Housing Act 2004;

·  A clarification of the circumstances when a criminal prosecution will be recommended for non-compliance with Housing law.

He explained that the policy refers to the new sanction of a financial penalty, which is to be considered as an alternative to prosecution for some Housing Act 2004 offences. He said that a financial penalty may typically be appropriate for offences where the offender has not co-operated with the Council or where there is a serious or flagrant breach of the law and a significant financial penalty is the most effective and appropriate sanction. He added that the penalty must be used as an alternative to prosecution and therefore the same level of proof of evidence is required and should be in the public interest.

He stated that the penalty can range from £50 to £30,000 depending on the severity of the offence and is issued by the Council direct to the offender.  An appeal to the First Tier Tribunal is available on the justification and amount of penalty.

He informed the Panel that the scope of mandatory HMO licensing is expected to expand later this year to include all HMOs with 5 or more occupants, which could increase the number in B&NES significantly. He added that an investigation is also under way to determine whether there is a still a case for Additional HMO Licensing going forward and that this would be the subject of a further report in the near future.

Councillor Colin Blackburn asked if following the review would the status of offences that would have previously received a ‘Simple Caution’ change.

The Team Manager for Standards & Improvement replied that similar offences now could be considered to incur a financial penalty.

Councillor Colin Blackburn asked what impact the changes will have on the department.

The Team Manager for Standards & Improvement replied that the increase in mandatory licensing and potential additional licensing increase would obviously impact the department greatly with the likelihood of 3,000 HMOs being identified within Bath (City).

Councillor Lisa O’Brien commented that it would appear in the best interest of the Council to seek financial penalties rather than prosecution as it does not receive directly any fine imposed following prosecution. She asked how the Council would be able show impartiality in making their decisions. She said that the financial penalties should also have teeth to act as a real deterrent.

The Team Manager for Standards & Improvement replied that a public consultation on these policies with landlords, letting agents and other local authorities is proposed. He added that the fine would be dependent on the offence and that there was the right to an appeal.

He said that a Leadership Team would assess the evidence gathered and decide on the action to take. He added that the evidence would also be shared with the Head of Housing and the Legal Services Team.

Councillor Fiona Darey asked if timescales were agreed to implement any improvements to the properties.

The Team Manager for Standards & Improvement replied that timescales are agreed with the landlord, but that these become more rigorous for those that are consistent in non-compliance.

Councillor Barry Macrae commented that he wished to see the Planning and Housing departments working together on this issue.

The Divisional Director for Development assured the Panel that although the departments work to separate legislation officers do work together.

The Chairman commented that he was pleased to see that through additional licensing that 875 homes had been improved. He asked if a figure could be put on the mandatory HMO licensed properties when taking into account those with 5 or more occupants.

The Team Manager for Standards & Improvement replied that it would be around 1,000.

The Chairman thanked the Panel for their comments and summarised that they largely welcomed the report and its attached draft policies. He said that during debate they had raised the matters of meaningful fines and timescales for implementing improvements.