Civil penalties for housing offences policy

The council's Regulatory Services team regulates the private rented sector for Southend-on-Sea City Council. Landlords of privately rented properties are required to comply with the law, to ensure the health, safety and welfare of occupiers are protected and their properties, and activities at their properties, are not having a negative effect on the neighbouring population.

Where landlords are not complying with the law, or proactively managing their properties, Regulatory Services can use enforcement powers to require landlords to take the necessary action to do so. Landlords may be assisted by Regulatory Services to comply with the law through the provision of advice, guidance and signposting. The main legislation that Regulatory Services have available to use is the Housing Act 2004. Amendments to this Act were introduced by Section 126 and Schedule 9 of the Housing and Planning Act 2016, and other housing legislation. This amendment enabled councils to impose a civil penalty, as an alternative to prosecution, for specific offences. These offences are detailed in section 3.

The process that the council must follow for civil penalties to be applied is detailed in statutory guidance (April 2018). This outlines the factors that must be considered when determining the level of civil penalty to be imposed, which can be up to £30,000. A civil penalty (or penalties if there have been several breaches), can be used if the council considers their use the most appropriate and effective sanction in a particular case.

The purpose of this policy is to set out the framework within which decisions will be made by the council regarding issuing civil penalties for these specific cases. The Civil penalties policy is a supplement of the council's Environment and Regulatory Services policy.

This policy may be departed from where the circumstances so justify and each case will be dealt with on its own merits, having regard to those circumstances.

It covers:

• Aim of the use of civil penalties
• Specific offences where a civil penalty can be used
• Determination of level of civil penalty to be applied
• When to use a civil penalty
• Burden of proof for prosecution
• The Totality Principle
• Notice of intent
• Representations
• Final notice
• Withdrawing or amending notices
• Appeals to the tribunal
• Consequence of having a civil penalty imposed
• Recovering an unpaid civil penalty
• Income from civil penalties

Appendix 1 Civil Penalties for Housing Offences Policy Matrix is also available to download.