Issue - meetings

ORDERED that Executive:

1.     APPROVES the General Enforcement Policy 2026-2031

2.     APPROVES the Public Protection Private Sector Housing Enforcement Policy 2026-2031.

3.     APPROVES the Public Protection Civil Penalties Policy 2026-2031 (under the Renters’ Rights Act 2025 and other housing legislation)

4.     APPROVES a further report be brought to provide an update on the demands and the resource costs of delivering the Renters’ Rights Act 2025.

5.     DELEGATES authority to the Corporate Director of Regeneration and Housing to make minor changes to the above policies in response to changes to governance guidance or legislation.

The Executive Member for Neighbourhoods submitted a report for Executive consideration. The purpose of the report sought approval of three new policies relating to the general and regulatory functions delivered by Public Protection, Neighbourhoods and Environmental Enforcement functions. The new policies would enable the Council to satisfy its statutory obligations in line with the provisions of the Legislative and Regulatory Reform Act 2006 and the Regulators Code made under it as well as the Renters’ Rights Act 2025 and associated housing legislation.   

In terms of the private rented sector housing enforcement policy, the Renters’ Rights Act 2026 represented a fundamental shift in the regulation of the private rented housing sector. Tenants would see stronger protections, including the replacement of assured shorthold tenancies with periodic assured tenancies, improved rights and better security of tenure, and greater protection from unlawful interference from landlords or their agents.

The Renters’ Rights Act 2026 placed a statutory duty on local housing authorities to enforce landlord and rented accommodation legislation, altering the balance between informal action and formal enforcement. Where breaches in legislation were identified, the Council needed to actively consider enforcement action to meet this duty, rather than defaulting to advice or informal resolution in the first instance.

Consequently, the Regulators’ Code was not to be relied upon to justify informal action as the starting point for compliance under the Renters’ Rights Act 2025. This explained the need for a separate Private Sector Housing Enforcement Policy 2026-2031 which did not rely on the principles set out in the Regulators’ Code.

Historically, enforcement of private rented sector legislation had varied significantly between local housing authorities, with markedly different enforcement outcomes. This inconsistency risked undermining confidence in the regulatory system, created uncertainty for landlords operating across multiple areas and increased the likelihood of challenge to enforcement decisions. This also resulted in discrepancies to the level of tenant protections.

To address those concerns, the Association of Chief Environmental Health Officers (ACEHO) developed a suite of national model policies, including a Civil Penalty Policy. The policies aimed to promote greater consistency, transparency and robustness in local authority enforcement approaches, whilst allowing for appropriate local discretion, where appropriate. The Private Sector Housing Enforcement Policy 2026-2031 and The Civil Penalties Policy 2026-2031 were aligned with this nationally recognised framework, strengthening the Council’s ability to meet its statutory duties under the Renters’ Rights Act 2026.

The implementation of the Renters’ Rights Act 2025 required a coordinated and timely update to the Civil Penalties Policy and the previous Public Protection Enforcement Policy. Failure to update the policies risked inconsistency in enforcement decisions and activities, increasing exposure to challenge, as well as an inability to demonstrate the Council was meeting its statutory duties to enforce landlord legislation under section 107 of the Renters’ Rights Act 2025.

Regarding the Civil Penalties Policy, there was a current Civil Penalty Policy which had been developed prior to the introduction of the Renters’ Rights Act 2025. This policy had been revised to reflect the suite of new  ...  view the full minutes text for item 150