Agenda item

To consider the Housing Enforcement Policy and amendments to the Officer Scheme of Delegation.    

Councillor J.E. Durrant, Executive Member for Community Safety, introduced the report concerning a new Housing Enforcement Policy and some additions to the Officer Scheme of Delegation.

It was highlighted that a new Housing Enforcement Policy had been prepared to complement, and to sit alongside, the existing Environmental Health and Licensing Enforcement Policy. Councillor Durrant explained that this included options for the enforcement of housing standards, primarily in the private rented sector. It was noted that these included a number of new powers which could be used when regulating against criminal landlords and the licensing of Homes in Multiple Occupation (HMO’s).

The Executive Member explained it was necessary to have a clearly stated policy on how various enforcement options, including both criminal and civil sanctions, would be applied. It was recognised that this would support all stakeholders as the policy would provide clear expectations on how housing standards related enforcement work would be undertaken. In addition, it was highlighted that this would increase confidence in the process.

In terms of the amendments to the Officer Scheme of Delegation, it was explained that to enable the practical day-to-day functioning of a local authority, the Council could delegate its powers to committees, officers and others.

It was noted that the Officer Scheme of Delegation, set out in the Council’s Constitution, delegated various powers and functions to senior officers, usually at Head of Service level. The importance of officers’ delegated authority being clearly documented and evidenced was highlighted as this would ensure any enforcement action could be shown to be appropriately authorised.  In response to questions, Cllr Durrant explained amendments to the scheme were required in order to incorporate new legislation, to ensure all necessary enforcement powers could be utilised.

During the discussion a number of matters were considered, including: 

-       The multiple regulatory requirements for fire safety in rented properties, including questions relating to sprinkler systems.

-       Various issues, previously discussed by the Executive in September 2017, concerning the possibility of establishing a private rented landlords register.

-       The importance of signposting and providing clear information to help tenants know when they were dealing with a reputable landlord.   

The Executive Member for Community Safety confirmed that further information on each of these points would be provided via a written response.

RECOMMENDED that additions to the Officer Scheme of Delegation contained within the Council’s Constitution, set out in Annex 2 of the report of the Director of Place in relation to Section 5 (Housing and other Residential Accommodation), be approved.     

RESOLVED that the Housing Enforcement Policy, provided at Annex 1 to the report of the Director of Place, be approved.

Reason for decision: A documented housing enforcement policy was required to ensure clear and consistent enforcement decisions were taken in relation to the enforcement of housing standards. The Officer Scheme of Delegation should be kept up-to date. For that purpose it was necessary to add newly introduced legislation to ensure all necessary enforcement powers could be utilised.

Alternative options: To reject the recommendations and/or request amendments to the Annexes.