Agenda item

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

 

Offence	Fine (£)
First	1000
Second	2000
Third	3000
fourth	4000
Fifth or more	5000

 

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 charge.  The landlord can then appeal the local authority’s decision to the First Tier Tribunal.

 

Failure to pay a penalty charge will result in action by the local authority to recover the penalty charge on the order of a court.

 

The report further outlined that Cleveland Fire Brigade provided a service in Middlesbrough and neighbouring authorities where they would install free smoke alarms and carbon monoxide detectors in privately rented properties, when requested by landlords or tenants or when referrals are made by others such the local authority or a Selective Landlord Licensing team. Referral to the Fire Service has provided an effective means to ensure that smoke alarms are installed in private rented properties.

 

OPTIONS

Other potential decisions and why these have not been recommended

 

The legislation places a statutory duty, since 1^st October 2015, on local authorities to take action against landlords who fail to install smoke and carbon monoxide alarms correctly.  To date regulatory action under this legislation has not been necessary as the free service provided by Cleveland Fire Brigade to landlords and tenants to install smoke and carbon monoxide alarms has addressed any compliance issues. Whilst the Cleveland Fire Service free service will continue, it is important for Middlesbrough Council to have the option of using their regulatory powers, should it be considered necessary, and a statement of principles is required.

 

The authority could decide not to adopt a Statement of Principles, and maintain the current positon. However should compliance issues arise requiring the service of a fixed penalty charge, this may be legally challenged on the basis that there is no Statement of Principles in place for the charging structure. This could undermine the legal process.

 

ORDERED

 

That the Executive Member approves the proposed Statement of Principles for the penalty charge structure for enforcement of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

 

REASON

The decision was supported by the following reasons:

 

1. Where the local authority has reasonable grounds to believe that an offence has been committed under the provisions of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, the local authority has a statutory duty to serve a remedial notice on the landlord.  Should the landlord not comply with the remedial notice then the local authority may serve a penalty charge notice, the level of penalty charge is required to be locally determined and approved.  The purpose of the penalty charge is to recover the cost of the enforcement action and to act as a deterrent to ensure that landlords provide and maintain smoke and carbon monoxide alarms in their properties to protect the safety of their tenants.

 

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

 

3. The proposed levels of penalty charge was consistent with other local authorities.