Private rented sector housing enforcement policy

Appendix 2 - charges for notices

Section 1: Enforcement fees

Section 49 of the Housing Act 2004 provides the Council with a power to make such reasonable charge as it considers appropriate as a means of recovering certain administrative and other expenses incurred in connection with its enforcement activities under the Act. Other legislation, detailed within this policy, also imposes fees and penalties:

Service of Statutory Notices - Housing Act 2004

In respect of formal notices served in relation to significant Category 2 hazards, this charge may be waived at the Council's discretion when required works as specified within the Notice are completed to the satisfaction of the Officer within the specified timeframe.

Price of notice

Charges contained on Fees and Charges document.

Works in Default and Remedial Action

Price of notice

Based on cost - charged at an hourly rate for the enforcement officer, administration and management costs, in addition to the cost of the works. For more information see the Council's Works in Default Procedure.

HMO Management Order including interim order

Price of notice

Based on cost- charged at an hourly rate for the enforcement officer, administration and management costs,

Variation notices

Price of notice

No charge unless there are additional units.

Revocation notice

Price of notice

No charge.

Energy Efficiency Contravention Penalties

Price of notice

See Part 7 and regulation 38 of the regulations.

Housing Offences subject to a Civil Penalty Notice

  • Section 30 - Failure to comply with an Improvement Notice
  • Section 72 - Licensing of HMOs (House in Multiple Occupation)
  • Section 95 - Licensing of houses under Part 3
  • Section 139(7) - Failure to comply with overcrowding notice
  • Section 234 - Management regulations in respect of HMOs
Price of notice

See Appendix 3 Civil Penalties Policy for imposing financial penalties under the Housing Act 2004 and the Housing and Planning Act 2016.

Maximum fine if convicted in court for these offences

If the offender was to be prosecuted and convicted of the same offence for which, the financial penalty could be imposed as an alternative, the maximum fine the court could consider is unlimited.

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