Issue - meetings

1)  That the adoption of the draft revised Housing Enforcement Policy 2016, as set out in Appendix 1 to the report of the Head of Housing and Community Services be approved, including the statement of principles for determining financial penalties under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015; and

2)  That delegated authority be given to the Head of Housing and Community Services to hear mitigation for non-compliance of a landlord’s responsibilities under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to reduce the level of fine imposed as set out under the statement of principles.

The Committee considered the report of the Head of Housing and Community Services relating to the Housing Enforcement Policy.

Members were advised that the current Housing Enforcement Policy had been updated to take account of new legislative responsibilities of the Council.  These were the Redress Scheme for Lettings Agency work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 and The Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

These regulations had introduced the use of penalty charge notices for non-compliance with the regulations.

It was noted that where a tenant makes a genuine complaint about the condition of their property that has not been addressed by their landlord, and their complaint has been verified by a local authority inspection, and the local authority has served either an improvement notice or a notice of emergency remedial action, a landlord cannot evict that tenant for 6 months using the ‘no fault’ eviction procedure. 

It was also noted that the Government gave the Kent Fire and Rescue Service a large number of smoke and carbon monoxide alarms to give to landlords.  Should a landlord not fit a smoke alarm on each storey of the premises on which there is a room used wholly or partly as living accommodation, there is ultimately a maximum fine of £5,000 that can be made against the landlord by the Council.

RESOLVED:

1)  That the adoption of the draft revised Housing Enforcement Policy 2016, as set out in Appendix 1 to the report of the Head of Housing and Community Services be approved, including the statement of principles for determining financial penalties under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015; and

2)  That delegated authority be given to the Head of Housing and Community Services to hear mitigation for non-compliance of a landlord’s responsibilities under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to reduce the level of fine imposed as set out under the statement of principles.

Voting:  For:  8  Against:  0  Abstentions:  0