Issue - meetings

Recommendations

1)    Adopt the proposed Housing Authority Enforcement Policy.

2)    Delegate authority to the Assistant Director of Housing, in consultation with the Executive Member for Culture, Arts and Housing to make minor amendments to the Housing Enforcement Policy as required, including updates necessary to ensure ongoing alignment with nationally updated model policies.

3)    Confirm the delegation of the Council’s statutory duties, functions, responsibilities and enforcement powers under the Renters’ Rights Act 2025 to the Corporate Director of Community Development, to ensure the Council can lawfully, consistently, and effectively discharge its statutory enforcement duties, including the issue of civil (financial) penalties under the new legislative regime.

Considered – A report of the Corporate Director Community Development seeking approval to adopt a new Housing Enforcement Policy for private sector housing, ensuring compliance with the Renters’ Rights Act 2025 and associated housing legislation, in accordance with the Council’s governance and decision-making framework.  Confirmation was also sought for the appropriate delegations to support the effective implementation of the Housing Enforcement Policy and the Council’s statutory duties, functions, responsibilities and enforcement duties and the Renters’ Rights Act 2025.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers, introduced the report, explaining that the policy updated existing enforcement arrangements to reflect strengthened statutory obligations and ensure legal compliance.

Resolved (unanimously)

1)    That the proposed Housing Authority Enforcement Policy be adopted

2)    Authority be delegated to the Assistant Director of Housing, in consultation with the Executive Member for Culture, Arts and Housing to make minor amendments to the Housing Enforcement Policy as required, including updates necessary to ensure ongoing alignment with nationally updated model policies.

3)    It be confirmed that the Council’s statutory duties, functions, responsibilities and enforcement powers under the Renters’ Rights Act 2025 be delegated to the Corporate Director of Community Development, to ensure the Council can lawfully, consistently, and effectively discharge its statutory enforcement duties, including the issue of civil (financial) penalties under the new legislative regime.

Reasons for recommendations

The updated Enforcement Policy is required to meet the Council’s strengthened duties under the Renters’ Rights Act 2025 and to ensure a clear, consistent and legally robust approach to housing enforcement. Adoption of the policy will support effective, timely action to improve housing conditions and reduce risk to residents across North Yorkshire.

Alternative options considered

Retaining the existing policy is not a viable option. The current policy does not reflect the significant legislative changes introduced by the Renters’ Rights Act 2025, including the new statutory duty to enforce from 1 May 2026. Failure to update the policy would expose the Council to operational, compliance and challenge risk.

The Council could develop its own standalone enforcement policy. However, this approach is not recommended as it would diverge from the nationally endorsed model policy, increasing the risk of inconsistency with sector-wide good practice and reducing the legal defensibility of enforcement decisions.