Agenda and minutes

The Mayor and Executive member for Adult Social Care and Public Health and the Director of Adult social care and integrated services submitted a report that approval for the proposed Statement of Principles for the penalty charge structure for offences committed by landlords under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

This report falls within the Terms of Reference of this Committee as the policies proposed will impact on all wards within the Borough and represents a change in the approach to Housing enforcement policy, which requires a Member decision.

The report outlined that the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 introduced an obligation for all landlords to provide a smoke alarm, at the start of the tenancy, on each storey of their tenanted accommodation, where there is a room used as living accommodation.  There was also a requirement for a carbon monoxide alarm to be fitted in any room used as living accommodation which contains a solid fuel burning combustion appliance. Landlords must ensure the alarms are in proper working order at the start of any new tenancy.

When Local Authority officers carry out inspections of privately rented residential accommodation they check that a smoke and carbon monoxide alarm is provided, in accordance with the Regulations. Where a landlord fails to comply with the Regulations the local authority must serve a remedial notice on the landlord. This notice gives the landlord a period of 28 days in which to comply.  The landlord can make representation to the council during this time.

After 28 days if the landlord has not complied with the remedial notice, and not made representations, the local authority must arrange for the remedial works to be carried out, with the consent of the occupier.

The Regulations provide Local Authorities with a power to charge up to £5000 for offences when a landlord has failed to comply with a remedial notice.  The level of penalty charge shall be determined having regard to the cost of the works in default, officer time, recovery costs, an administration fee and a fine.  It is considered that repeated offences should attract a progressively higher penalty.

The Regulations require local housing authorities to publish a Statement of Principles which it proposes to follow in determining the amount of penalty charge. (Appendix 1) 

The report further outlined that the proposed penalty charge was in line with those adopted by neighbouring local authorities.  It was proposed that the penalty charge shall be set at £1000 for the first offence, to be reduced to £750 if paid within a 14 day period. Should the landlord not comply with further remedial notices then the fine shall be set according to the table below

The landlord can request, in writing within 28 days of issue, that the local authority reviews the penalty charge.  The local authority must consider this and decide whether to confirm or vary the  ...  view the full minutes text for item 21/1