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Civil Penalties under the Housing and Planning Act 2016 for offences under the Housing Act 2004
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Consultation has concluded
Landlords are required to comply with the law and proactively manage their properties. This is to ensure the health, safety and welfare of tenants are protected and their properties, and activities at their properties, are not having a negative effect on the neighbouring population.
A civil penalty is a financial penalty that can be imposed by the Council as a restitution or fine for wrongdoing. It is an alternative to prosecution for certain offences under the Housing Act 2004 (see FAQ's in the documents section). This is a consultation on the descriptions that are proposed to enable officers to determine the levels of financial penalty that could be applied. The Civil Penalties Policy is a supplement of the Environment and Regulatory Enforcement Policy, with an overall aim to protect health and improve housing standards by:
Providing a 'light touch' for compliant landlords and create a level playing field by tackling non-compliant landlords within the sector.
Providing transparent and consistent regulation within a private market.
Promoting professionalism and resilience within the private rented sector.
Eliminating financial gain or benefit from non-compliance.
Changing the behaviour and seeking legal punishment of those who flout the law.
The Government has provided guidance on the factors that should be considered when calculating civil penalties. The Council has developed a matrix from that guidance.
For each factor in the matrix there is a score that can be applied, depending on the assessment completed by the officer. The scores from each factor will be added together to achieve a total score. The total score will determine the penalty band that the Council will apply, the higher the total the greater the penalty to be applied.
It is important to note that Landlords will have the right to appeal civil penalties, initially to the local authority, and then where agreement is not met, to the First-Tier Tribunal.
Do you agree with the descriptions that have been given properly reflect an incremental approach to the scores to be applied for each of the factors? Is there anything we have not included that you think should be included?
Tell us your views - consultation is now closed
Landlords are required to comply with the law and proactively manage their properties. This is to ensure the health, safety and welfare of tenants are protected and their properties, and activities at their properties, are not having a negative effect on the neighbouring population.
A civil penalty is a financial penalty that can be imposed by the Council as a restitution or fine for wrongdoing. It is an alternative to prosecution for certain offences under the Housing Act 2004 (see FAQ's in the documents section). This is a consultation on the descriptions that are proposed to enable officers to determine the levels of financial penalty that could be applied. The Civil Penalties Policy is a supplement of the Environment and Regulatory Enforcement Policy, with an overall aim to protect health and improve housing standards by:
Providing a 'light touch' for compliant landlords and create a level playing field by tackling non-compliant landlords within the sector.
Providing transparent and consistent regulation within a private market.
Promoting professionalism and resilience within the private rented sector.
Eliminating financial gain or benefit from non-compliance.
Changing the behaviour and seeking legal punishment of those who flout the law.
The Government has provided guidance on the factors that should be considered when calculating civil penalties. The Council has developed a matrix from that guidance.
For each factor in the matrix there is a score that can be applied, depending on the assessment completed by the officer. The scores from each factor will be added together to achieve a total score. The total score will determine the penalty band that the Council will apply, the higher the total the greater the penalty to be applied.
It is important to note that Landlords will have the right to appeal civil penalties, initially to the local authority, and then where agreement is not met, to the First-Tier Tribunal.
Do you agree with the descriptions that have been given properly reflect an incremental approach to the scores to be applied for each of the factors? Is there anything we have not included that you think should be included?
Please see the matrix table below, this will determine the level of penalty and provide the justification required.
Factors
Score = 1
Score = 5
Score = 10
Score = 15
Score = 20
1. Deterrence and Prevention
High confidence - that financial penalty will deter repeat offending. Informal publicity not required as a deterrence
Medium confidence that a financial penalty will deter repeat offending. Minor informal publicity required for mild deterrence in the landlord community
Low confidence that a low financial penalty will deter repeat offending (eg no contact from offender) Some informal publicity will be required to prevent similar offending in the landlord community
Little confidence that a low financial penalty will deter repeat offending. Likely informal publicity will be required to prevent similar offending in the landlord community
Very little confidence that a low financial penalty will deter repeat offending. Informal publicity will be required to prevent similar offending in the landlord community
2. Removal of Financial Incentive
No significant assets. No or very low financial profit made by offender
Little asset value. Little profit made by offender
Small portfolio landlord (between 2-3 properties). Low asset value. Low profit made by offender
Medium portfolio landlord (between 4-5 properties) or a small Managing Agent. Medium asset value. Medium
Large portfolio landlord (over 5 properties) or a medium to large Managing Agent. Large asset value. Large profit made by offender.
3. Offence and History
No previous enforcement history. Single low level offence.
Minor previous enforcement. Single offence
Recent second time offender. Offence has moderate severity or small but frequent impact(s)
Multiple offender. Ongoing offences of moderate to large severity or a single instance of a very severe offence
Serial offender. Multiple offences over recent times. Continuing serious offence
4. Harm to Tenant(s) (Score is doubled on this section in line with Statutory guidance)
Very little or no harm caused. No vulnerable occupants. Tenant provides no information on impact
Likely some low level harm / health risk(s) to occupant. No vulnerable occupants. Tenant provides poor quality information on impact
Likely moderate level health / harm risk(s) to occupants potentially exposed. Tenant provides some information on impact but with no primary or secondary evidence.
High level of health / harm risk(s) to occupant. Tenant(s) will be affected frequently or by occasional high impact occurrences. Vulnerable occupants more thank likely exposed. Small house of multiple occupancy (HMO) (3-4 occupants), multiple occupants exposed. Tenant provides good information on impact with primary evidence (e.g. prescription drugs present, clear signs of poor health witnessed) but no secondary evidence
Obvious high level health / harm risk(s) and evidence that tenant(s) are badly and / or continually affected. Multiple vulnerable occupants exposed. Large HMO (5+ occupants), multiple occupants exposed. Tenant provides excellent information on impact with primary and secondary evidence provided (eg medical, social services reports).
Consultation has concluded
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Property is a three-storey HMO with no smoke detectors and no fire door to the kitchen. The property owner has also failed to apply for a licence.
Deterrence and Prevention
The council send warning letters one month before giving 14 days to submit a licence application. Nothing is heard and a second set of warning letters are sent advising to licence the property as a matter of urgency.
Nothing further is heard and a month later an inspection is carried out and the property is confirmed to be an unlicensed HMO with fire safety management regulation breaches.
There is low confidence that a financial penalty will deter repeat offending, as there has been no contact from the offender, a score of 10 was applied.
Removal of Financial Incentive
Investigation by the local authority using council tax and land registry data show the offender has a little asset value.
Little profit made by the offender. A score of 5 was applied.
Offence and History
There is no known previous history a baseline score of 1 is applied.
Harm to tenants
Small HMO (3-4 occupants), multiple occupants exposed.
Property is 3 storey HMO. No smoke detection in the property. The kitchen door is sturdy but has no smoke seals or self-closer.
The top floor room does not have a fire door or thumbturn lock, it has a lock that would impede or delay escape as occupiers will have to look for the key.
In the event of a fire there is insufficient structure in place to contain and limit the spread of fire, or provide early warning to occupiers, particularly at first and second (top) floor levels, to allow them to exit the building safely before the fire takes a significant hold.
Lack of warning and lack of containment and limitation of spread of fire mean that the harm or potential to tenants is assessed as high a score of 15 is applied, (this is doubled in this section.)
Total 10 + 1 + 5 + (15 x 2) = 46
Lifecycle
Open
Civil Penalties under the Housing and Planning Act 2016 for offences under the Housing Act 2004 has finished this stage
This consultation is open for contributions.
Under Review
Civil Penalties under the Housing and Planning Act 2016 for offences under the Housing Act 2004 has finished this stage
Contributions to this consultation are closed for evaluation and review. The project team will report back on key outcomes.
Final report
Civil Penalties under the Housing and Planning Act 2016 for offences under the Housing Act 2004 is currently at this stage
The final outcomes of the consultation are documented here. This may include a summary of all contributions collected as well as recommendations for future action.
