Issue - meetings

Recommendations

1)    Adopt the Housing Civil Financial Penalty Policy

2)    It is also recommended that 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 Civil Financial Penalty 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 Housing Civil Financial Penalty Policy for private sector housing, ensuring compliance with the Renters’ Rights Act 2025 and associated housing legislation.  Confirmation was sought for the appropriate delegations to support the effective implementation of the Policy and the Council’s statutory duties, functions, responsibilities and enforcement duties under the Renters’ Rights Act 2025.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers, introduced the report and explained that civil financial penalties would provide the Council with an enforcement tool, enabling compliance with statutory duties without relying solely on prosecution. He emphasised that the primary objective of the policy was to improve housing standards rather than to punish landlords, noting that the approach would be proportionate and supported by engagement and education, including workshops for landlords. The policy distinguished between large?scale professional landlords and smaller landlords, and that provision had been included to allow greater discounts where landlords admitted fault and took steps to remedy issues.

The Executive Member referred to paragraph 3.14 of the report and advised that the word “reduces” on line 5 should be replaced with the word “increases”.

Members expressed support for the policy and its aims and it was noted that the policy was not intended to be punitive but to improve standards and protect tenants’ rights.

Councillor Peter Lacey raised a question regarding the potential for the new legislation to be misunderstood by residents. In response, officers advised that there had been an increase in “no?fault” evictions prior to the legislation coming into force, but that the new regime would provide stronger protections for tenants, including significant penalties for unlawful eviction. It was agreed that a Member seminar would be arranged to provide further briefing on the implications of the legislation.

Resolved (unanimously)

1)    That the Housing Civil Financial Penalty Policy be adopted

2)    That 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 Civil Financial Penalty 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 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 adoption of the Civil Financial Penalties Policy is required to support the Council’s strengthened enforcement duties under the Renters’ Rights Act 2025 and to ensure a clear, consistent and legally robust approach to the use of civil penalties. The policy will enable effective and proportionate enforcement action, improve housing standards and protect residents across North Yorkshire.

Alternative options considered

Retaining the existing approach to civil penalties is not a viable option. The current arrangements do not fully reflect  ...  view the full minutes text for item 904