Hillingdon Council Cabinet Member and Officer Decisions
Private Sector Housing Enforcement Policy 2023
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Democratic Services
Location: Phase II
Ext: 0185
DDI: 01895 250185
CMD No: 714
To: COUNCILLOR EDDIE LAVERY
CABINET MEMBER FOR RESIDENTS’ SERVICES
c.c. All Members of th e Residents’ Services Select
Committee
c.c. Michelle Greenidge / Debby Weller – Place
Directorate
c.c. Perry Scott – Corporate Director of Place
Date: 01 March 2023
Non-Key Decision request Form D
PRIVATE SECTOR HOUSING ENFORCEMENT POLICY 2023
Dear Cabinet Member
Attached is a report requesting that a decision be made by you as an individual Cabinet
Member. Democratic Services confirm that this is not a key decision, as such, the Local
Authorities (Executive Arrangements) (Meetings and Access to Informatio n) (England)
Regulations 2012 notice period does not apply.
You should take a decision on or after Thursday 09 March 2023 in order to meet
Constitutional requirements about publication of decisions that are to be made. You may
wish to discuss the report with the Corporate Director before it is made. Please indicate your
decision on the duplicate memo supplied, and return it to me when you have made your
decision. I will then arrange for the formal notice of decision to be published.
Liz Penny
Democratic Services Officer
Title of Report: Private Sector Housing Enforcement Policy 2023
Decision made:
Reasons for your decision: (e.g. as stated in report)
Alternatives considered and rejected: (e.g. as stated in report)
Signed ……………………………………………………… Date…………………….
Cabinet Member for Residents’ Services
Cabinet Member Report – 1 March 2023 Page 1
(Part 1 Public)
PRIVATE SECTOR HOUSING ENFORCEMENT POLICY 2023
Cabinet Member Councillor Eddie Lavery
Cabinet Portfolio(s) Cabinet Member for Residents’ Services
Officer Contact(s) Michelle Greenidge / Debby Weller – Place Directorate
Papers with report Appendix 1: Private Sector Housing Enforcement Policy 2023
HEADLINES
Summary To approve the Private Sector Housing Enforcement Policy 2023
Putting our
Residents First
Delivering on the
Council Strategy
2022-2026
This report supports our ambition for residents / the Council of:
Be / feel safe from harm
This report supports our commitments to residents of:
Safe and Strong Communities
This report supports our Housing Strategy.
Financial Cost There is no direct cost to the Council from this report.
Relevant Select
Committee
Residents’ Services Select Committee
Relevant Ward(s) All Wards
RECOMMENDATION
That the Cabinet Member approves the Private Sector Housing Enforcement Policy at
Appendix 1.
Reasons for recommendation
The recommendation will provide the policy framework for enforcement action in private sector
housing.
Alternative options considered / risk management
The alternative option would be to not have a specific private sector housing enforcement policy
and to rely solely on the C ouncil wide enforcement policy. This lacks specific detail related to
Cabinet Member Report – 1 March 2023 Page 2
(Part 1 Public)
private sector housing and to rely on this would impact on the Council’s ability to provide clear
and explicit information on enforcement in this sector.
Select Committee comments
None at this stage.
SUPPORTING INFORMATION
1. The Private Sector Housing Enforcement Policy is concerned with protecting the health,
safety and welfare of residents, to ensure that the Council uses its enforcement powers in
a manner which is proportionate to risk, expedient, efficient, consistent and fair.
2. This new P olicy is designed to provide an effective and fair approach to regul atory
enforcement in order to improve regulatory outcomes without imposing unnecessary
burdens on landlords. This Policy is in accordance with the London Borough of Hillingdon's
overall Enforcement Policy. This P olicy clearly sets out the Council's approac h to
enforcement so that everyone who owns or lets private property or is a tenant in private
property will know what to expect from the Council.
Consultation on the draft policy
3. Before introducing this Policy, officers have sought the views of local landlords, members
of the public and other stakeholders within the C ouncil. The draft Policy document is
included at Appendix 1.
4. The consultation process included an online questionnaire and direct emails to relevant
Council colleagues, use of social media to highlight the consultation and further awareness
raising during a landlord forum on 12 October 2022. The consultation ran from 10 October
2022 to 27 November 2022.
5. The consultation sought views on: whether the proposed approach to enforcement is, on
the whole, correct for the Borough; whether respondents agreed with the general approach
to consider a civil penalty rather than prosecution in the first instance; and whether there
is anything further that the Policy should include.
6. The Council did not receive any responses via the online survey. Although this is a little
disappointing, it is not particularly surprising given the somewhat technical and specialised
nature of the subject matter.
7. There were some comments received from an internal Council officer colleague and some
minor changes to the text have been made as a result of these comments. The new text is
shown using track changes on the policy document at Appendix 1 and will be altered to
black text for publication.
Cabinet Member Report – 1 March 2023 Page 3
(Part 1 Public)
Financial Implications
There are no direct costs associated with the approval of the Private Sector Housing Enforcement
Policy. Measures within policy do have financia l implications, i.e., relating to the issue of Civil
Penalties, but do not represent a change to the Council’s current approach and associated activity
budgets.
RESIDENT BENEFIT & CONSULTATION
The benefit or impact upon Hillingdon residents, service users and communities
The improvement of housing standards in the private sector through the implementation of the
Private Sector Housing Enforcement Policy will impact positively on all resident groups in the
private sector, in particular older and disabled people and families with young children who may
be more vulnerable to particular hazards under the H ousing Health and Safety Rating System.
The Private Sector Housing Enforcement Policy does not discriminate against any of the
protected characteristics as set out in the Equalities Act 2010.
Consultation carried out or required
Information regarding consultation undertaken is included in the body of the report.
CORPORATE CONSIDERATIONS
Corporate Finance
Corporate Finance ha s reviewed this report and concur s with the financial implications set out
above, noting there are no direct financial implications with the recommendation included in this
report.
Legal
Legal Services confirms there are no legal impediments to approving the recommendation.
BACKGROUND PAPERS
London Borough of Hillingdon Enforcement Policy
A
Appendix 1
Private Sector
Housing
Enforcement Policy
2023
Private Sector Housing Enforcement Policy 2023
2
Contents Page
Introduction 3
When the policy applies 3
Shared Enforcement Responsibilities 4
Working with other Agencies 4
Enforcement Approach 4
Identifying the need for action 4
Enforcement Options 5
1. Informal Action 5
2. Service of Statutory Notices and Prohibition Orders 6
3. Works in Default 6
4. Emergency Remedial Action 7
5. Other Orders 7
5.1 Interim and Final Management Orders (Housing Act 2004) 7
5.2 Compulsory Purchase Orders 7
5.3 Rent Repayment Orders 7
5.4 Banning Orders (Housing and Planning Act 2016) 7
6. Charging for Enforcement Action 8
7. Financial Penalties - 8
Housing & Planning Act 2016 8
Smoke and Carbon Monoxide Regulations 2015 8
Minimum Energy Efficiency Standards 9
8. Prosecution 9
9. The Decision to Prosecute/Issue a Civil Penalty/Simple Caution 9
10. Simple Caution 10
11. Publicity 10
12. ‘Rogue Landlords’ Database 10
13. Caravan Licensing 11
14 Tenant welfare 11
Appendices
Appendix 1: Procedure and Charging Schedule for Housing Offences
Civil Penalties and Rent Repayment Orders
12
Appendix 2: Smoke and Carbon Monoxide Alarm (England) Regulations
2015
22
Appendix 3:Minimum Energy Efficiency Standards (MEES) enforcement
and penalty charges
25
Review Date March 2026
Private Sector Housing Enforcement Policy 2023
3
Introduction
The Private Sector Housing Team is responsible for ensuring that housing conditions are
safe and healthy for private tenants and occupiers. They do this by enforcing housing law,
mainly in the Housing Act 2004 and the Housing and Planning Act 2016.
The Housing Act 2004 introduced the housing health and safety rating system (HHSRS)
which is a risk-based evaluation tool to help local authorities identify and protect against
potential risks and hazards to health and safety from any deficiencies identified in
dwellings. . The HHSRS is a risk -based assessment that identifies hazards in dwellings
and evaluates their potential effects on the health and safety of occupants and their
visitors, particularly vulnerable people. The most serious hazards are called Category 1
hazards and where these exist in a home, it fails to meet the statutory minimum standard
for housing in England. The HHSRS assesses 29 categories of housing hazard. Each
hazard has a weighting which will help determine whether the property is rated as having
category 1 (serious) or category 2 (other).
If a category 1 hazard is identified the council must take action to remove or reduce the
hazard. If a category 2 hazard is identified the council has discretion as to whether or not
to take action.
This policy is specific to enforcement action taken by the Private Sector Housing Team.
It should be read in conjunction with the Council’s approved Enf orcement Policy which
provides an overarching approach across the Council in terms of enforcement activity.
When the policy applies
This policy outlines the enforcement approach and the available powers we have at our
disposal to regulate and manage non-compliance, predominantly within the private rented
sector. It also includes those properties owned and managed by registered providers but
can apply to owner occupied homes in some circumstances.
This policy reinforces the Council’s robust enforcement stance against landlords who do
not comply with their statutory obligations and enables us to penalise the worst landlords
by direct fi nancial sanctions. It is in line with the Government’s intention to prevent
landlords from benefiting from any criminal behaviour. We aim to deliver swift action
against rogue landlords resulting in financial penalties being paid directly to the Council.
These can then be used to further improve conditions and management in the private
rented sector.
When discharging its duties in relation to private sector housing, the Council will follow
the principles of good enforcement set out in the following:
• Regulators Compliance Code
• The Police and Criminal Evidence Act 1984 (as amended)
• Criminal Procedures and Investigations Act 1996
• Regulation of Investigatory Powers Act 2000
• Civil (financial) penalties under the Housing and Planning Act 2016
• Hillingdon’s Prosecutions and Sanctions Policy
Private Sector Housing Enforcement Policy 2023
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Shared Enforcement Responsibilities
In circumstances where enforcement responsibility is shared between or rests fully with
external organisations, officers will have regard to protocols agreed with other
enforcement agencies. Where appropriate, officers will ensure that referrals are passed
to the appropriate enforcing authority promptly and in accordance with any agreed
procedure.
Working with other Agencies
Where officers identify regulatory issues outside of their jurisdictio n they will refer
information received to other relevant regulators. Where appropriate, enforcement
activities will be planned and coordinated with other regulatory bodies and enforcement
agencies to maximise the effectiveness and consistency of any enforcement. We will
share intelligence relating to wider regulatory matters with other regulatory bodies and
enforcement agencies. These may include (but are not limited to) Government Agencies
and Departments, other Local Authorities, Police Forces and Fire Authorities.
Enforcement Approach
The type of enforcement taken will vary according to the legislation being applied. In some
cases, taking enforcement action is a statutory duty, provided certain criteria are met. In
some circumstances officers may use informal action to offer advice, inf ormation and
assistance to aid compliance with housing related legislation, working with landlords and
residents. However, robust action will be taken to deal with housing contraventions.
Where failure to comply is of a serious nature, officers will use the full range of
enforcement options available to them under the relevant legislation to achieve
compliance to protect those at risk. In the most serious contraventions possible action will
include prosecution.
The type of enforcement action pursued is always considered on a case- by-case basis,
based on its own merits. Following consideration of the specific circumstances of the
particular case the most appropriate enforcement option will be applied accordingly. In
every case enforcement seeks to:
• Promote and achieve sustained compliance with the law
• Ensure that landlords take action to deal immediately with serious risks
• Ensure that landlords who breach legislative requirements are held to account
Identifying the need for action
Our officers will investigate and identify the need to take enforcement action by:
• proactive inspections of dwellings
• in response to a complaint or request for assistance
Available data and intelligence will be taken into account in identifying potential issues.
Private Sector Housing Enforcement Policy 2023
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Enforcement Options
This section summarises the types of enforcement and legislation most commonly
applied. It is not an exhaustive list and is not intended to be a definitive interpretation of
the legislation nor provide a full statement of the law.
Action will normally be pursued in the enforcement of proper standards of housing.
because it would be wrong to and then prolong this while formal action is being taken.
The Council will avoid informal consultations which lead to undue delays and leave
tenants in unhealthy or unsafe housing or where informal case management through
consultation letters increases time spent on resolution, multiple visits and possible
diminished standards of works that cannot be enforced. The Council may serve a notice
without prior consultation and serve or aim to serve a formal notice regardless of
consultation response, (unless hazard reduced/addressed) in the following
circumstances: -
● If there is more than one Category 1 hazard
● Any single serious (Band A) Category 1.
● Any Cat 1 and vulnerable age group present.
● Significant Cat 2 hazard(s) and vulnerable age group present.
● Fear of retaliatory eviction concerns by tenant*.
● If the property is an unlicensed HMO and subject to other enforcement.
● Any other similar situations as reviewed with managers.
*Retaliatory eviction – only Improvement Notices (Including Suspended Improvement
Notices) provide protection under the legislation: Section 33 of The Deregulation Act
2015.
This Council welcomes negotiations and mediation after the notice has been served. With
the option to vary if needed.
The Council will always seek to recover full costs as per section 49 of the Housing Act for
notices. Any representations in relation to costs will always be considered.
1. Informal action
In certain circumstances where the detrimental impact on the tenant or community is
small or a breach is unsubstantiated, we may not be able to take any action e.g. very
minor disrepair.
Verbal or written warning: The Council may use compliance advice, guidance and support
as a first response in the case of low risk housing hazards or where a very minor breach
of legislation has been identified. Advice is sometimes provided in the form of a warning
letter, to assist individuals and businesses in rectifying breaches as quickly and efficiently
as possible, avoiding the need for further enforcement action.
Only in specified or exceptional circumstances will informal action be considered such as:
• When a tenant will not consent to works being carried out by their landlord, or if their
Private Sector Housing Enforcement Policy 2023
6
complaint is vexatious;
• Where a registered social landlord has a planned programme of works (including the
works required by the Council) and the programme will be implemented within a short
time and achieve a better overall result.
Indirect action: When appropriate we will refer some cases to another authority or agency
for further action, e.g. the Fire Authority and Planning Enforcement.
Leasehold contract disputes: We will promote the resolution of this type of dispute through
civil litigation b etween the tenant and landlord rather than use statutory enforcement.
Leaseholders will be advised of the informal dispute resolution services offered by the
leasehold advisory service.
2. Service of Statutory Notices and Prohibition Orders
We will nor mally serve a notice requiring works to be carried out within a certain time
frame to remedy a hazard, following assessment. A statutory notice will clearly set out
actions which must be taken and the timescale within which they must be taken. It is likely
to require that any breach is rectified.
Prohibition Orders can apply to premises, or parts of premises, which are considered so
deficient or hazardous as to warrant a prohibition for habitation. They are also used to
prevent or control a certain type of use of a premises, e.g. to remedy instances of
overcrowding. Orders may be suspended for a certain period of time to allow compliance,
or until a certain event in the future.
Where a Statutory Notice or Order is served, an explanation of the reasons for the
decision and the appeals process will be provided to the recipient. Recipients of notices
where appropriate will be given notice of the Council’s intention to serve a notice or make
an order. This will be to avoid any unnecessary appeals and to consider the recipient’s
views before service.
Where a Statutory Notice is served, if appropriate it will be entered the Local Land
Charges records.
3. Works in Default
These enforcement options involve the Council carrying out works, which are then
charged to the responsible person (usually the property owner). Every effort is made to
secure compliance in the first instance. Where a notice has not been complied with,
‘works in default’ may follow subject to the level of risk, practical constraints of the case
and the financial circumstances. Before doing the work specified in the original notice, the
Council will consider carefully the prospect of recovery of any costs incurred.
The Council will make every effort to recover the full cost of any work carried out ‘in
default’ and its own administrative charges. This will include entering all costs on the Local
Land Charges records. This does not preclude parallel enforcement action where
warranted.
Private Sector Housing Enforcement Policy 2023
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4. Emergency Remedial Action
This use is restricted to situations where there is a Category One hazard that poses an
imminent risk of serious harm to any occupier. No Enforcement Notice has to be served
before taking this course of action. The use of such powers is a last resort and not
commonly used.
5. Other Orders
We will also consider the following options independently, or collectively with other
enforcement action, as particular circumstances permit:
5.1 Interim and Final Management Orders (Housing Act 2004)
To ensure adequate management arrangements are in place in a licensable HMO, we
have the power to make an Interim Management Order (“IMO”) in respect of a licensable
property where a landlord (or their managing agent) fails to obtain a licence or where it is
necessary due to the hazardous condition of the property. Upon the expiry of an IMO, we
can make an application to the Residential Property Tribunal to make a Final
Management Order and take over the cont rol and management of the property for a
period of up to 5 years. This disables the landlord’s ability to manage the property.
An Interim and Final Empty Dwelling Management Order can be made on empty
properties and also allows the Council to take control and rent the property out. Rights of
appeal exist in relation to these powers and compensation provisions also arise in some
cases.
5.2 Compulsory Purchase Orders
The Council may compulsorily purchase property under Section 17 of the Housing Act
1985. This power may be used as a last resort to acquire empty properties in order to
bring them back into use. The consent of the Secretary of State is required and
compensation provisions for the owner apply.
5.3 Rent Repayment Orders
The use of Rent Repaym ent Orders under the Housing Act 2004/Housing and Planning
Act 2016 is prescribed by law and in statutory guidance. These powers will be considered
in response to all serious offences where it is in the public interest and where there is
sufficient evidence for a successful application to the First Tier Tribunal.
Rent Repayment Orders (“RROs”) are a means by which we can seek to have up to 12
months of rent, Housing Benefit, or Universal Credit repaid, usually in addition to other
fines where we can prove that the landlord is guilty of one of the qualifying offences. In
applying for RROs we will follow the statutory guidance
5.4 Banning Orders (Housing and Planning Act 2016)
A Banning Order will prohibit the undertaking of Landlord or Managing Agent activities for
a specified period of time. These orders may be made against Landlords and Managing
Private Sector Housing Enforcement Policy 2023
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Agents where they have been convicted of ‘Banning Order offences’ under the Housi ng
Act 2016. These include, for example, failure to comply with an Improvement Notice. We
will apply for Banning Orders to be made where the evidence justifies this course of action
and it is considered to be in the public interest to protect against rogue landlords.
6. Charging for Enforcement Action
The Housing Act 2004 allows us to charge for taking enforcement action, where
enforcement action involves the service of statutory notices and orders notices. A charge
will normally be made for the cost of officer and administration time.
7. Financial Penalties
We will normally issue civil penalty notices for Housing Act offences when we have
specific powers to do so. In some very serious circumstances, prosecution may be more
appropriate than the issue of a penalty notice. If a penalty is not paid, we will enforce the
penalty. Financial penalties can be imposed under the following Acts and Regulations
where the evidence has met the criminal standard of proof i.e. ‘beyond reasonable doubt’.
Housing & Planning Act 2016: We have the power to impose a civil penalty of up to
£30,000 for certain offences prescribed under this Act. The Council has a policy in place
for civil penalties and this is detailed in the form of a Statement of Principles in Appendix
A, with guidelines and worked examples in a charging matrix, Appendix B. This provides
guidelines for the level of penalties for non-compliance under specified offences.
The Matrix allows for maximum penalties to be issued for the most serious offences. In
deciding the penalty, the council must consider:
• Severity of the offence
• Culpability and track record of the offender
• The harm caused to the tenant
• Punishment of the offender
• Deterring the offender from repeating the offence
• Deterring others from committing similar offences
• Removing any financial benefit the offender may have obtained as a result of
committing the offence
Officers will have regard to the matrix and the statutory guidance. This will determine an
indicative level of penalty for the offence under consideration. Having determined an
indicative level of penalty, it will be adjusted in each individual case to take into account
other mitigating or aggravating factors that are relevant.
The penalty imposed will reflect the type and severity of offence, landlord’s compliance
history and other relevant factors. This will be done on a case- by-case basis. In
considering the decision to issue a civil penalty or not, the Council must also be satisfied
that there is sufficient evidence u pon which a criminal court could convict and that the
action is in the public interest. If a civil penalty option is decided, a prosecution cannot
also be instigated.
Smoke & Carbon Monoxide Regulations 2015 : We may issue a penalty charge of up
to £5,000 where a landlord has breached this duty of compliance. Penalty charge
Private Sector Housing Enforcement Policy 2023
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amounts will be imposed in accordance with the published ‘Statement of Principles’,
Appendix C. Penalty charges are subject to an internal review process and we will ensure
any written representations made are considered and responded to. Once a penalty
charge has been imposed, and subject to any decision made during the review process,
any unpaid penalty charges will be referred for debt collection.
Minimum Energy Efficiency Standards (MEES) : MEES are government regulated
standards aimed at improving the overall energy efficiency of privately let buildings. Since
their implementation on 1st April 2018, The Energy Efficiency (Private Rented Sector)
(England and Wales) Regulations 2015 no longer allows residential properties with the
two lowest grades of energy efficiency (F or G) to be rented. Under Minimum Energy
Efficiency Standards, the rating must be at grade E or higher for a property to be let in
accordance with the law. Failure to comply with the MEES regulations may lead to the
imposition of a civil penalty. A statement of principles for determining the appropriate level
of penalty under the MEES Regulations is attached at Appendix 3.
8. Prosecution
We may decide to prosecute in respect of serious or recurrent breaches, or where other
enforcement action, such as statutory notices have failed to secure compliance. When
deciding whether to prosecute we will have regard to the provisions in The Code for
Crown Prosecutors as issued by the Director of Public Prosecutions. Prosecution will only
be considered where we are satisfied that we have sufficient evidence to provide a
realistic prospect of conviction, this will include consulting any criminal landlord database
available to us.
In most cases, we will consider the use of civil penalties as an alternative to prosecution
where it is felt appropriate to do so. Similarly, consideration will be given to the use of
Rent Repayment Orders in addition to prosecution and/or civil penalties for Housing Act
offences where justified.
We have the power to issue simple cautions as an alternative to prosecution for some
less serious offences, where a person admits an offence and consents to the s imple
caution. Where a simple caution is offered and declined, we are likely to consider
prosecution.
9. The Decision to Prosecute/Issue a Civil Penalty/Simple Caution
Two tests are applied in determining whether a Prosecution, civil penalty or a Simpl e
Caution is viable and appropriate. We follow guidance issued by the Crown Prosecution
Service when applying the tests. More information can be found at: Code for Crown
Prosecutors.
A Simple Caution or Prosecution proceedings will only be progressed when the case has
passed both the evidential test and the public interest test. The principles outlined also
apply to the other types of formal enforcement actions that are available.
The Evidential Test
We must be satisfied that there is enough evidence to provide a ‘realistic prospect of
conviction’ against each defendant on each charge. In considering the evidence, officers
Private Sector Housing Enforcement Policy 2023
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should have regard to any lines of defence which are open to or have been indicated by
the accused, as well as any other factors likely to affect the prospects of conviction
including admissibility of the evidence and reliability of witnesses. This must be an
objective test since a conviction will only be obtained if the Court or the jury is sure of a
defendant’s guilt.
The Public Interest Test
The public interest test must be considered in each case where there is enough evidence
to provide a realistic prospect of conviction. We will balance factors for and against
prosecution carefully and fairly. Public interest factors that can affect the decision to
prosecute usually depend on the seriousness of the offence or the circumstances of the
defendant. Some factors may increase the need to prosecute whilst others may suggest
that another course of action would be more appropriate.
10. Simple Caution
There are three preconditions, which must all be satisfied if a matter is to be dealt with by
simple caution, as follows:
• There is sufficient evidence to give a realistic prospect of conviction,
• The offender admits his or her guilt,
• The person being cautioned agrees to it, having been made aware that the caution
may be cited in Court if the person is found guilty of other offences in the future.
The reasons for issuing a simple caution instead of prosecution in the courts would
commonly be that the offender has no previous history in relation to the offence and has
done everything in their power to make amends. Depending on the circumstances, this
would usually entail remedial work to premises and/or taking proper steps to ensure that
the offence cannot recur. If a simple caution were to be offered and refused by the
offender, then the case would proceed to court.
Following the acceptance of a caution, the offender may be invited to contribute towards
the Council’s costs in investigating and preparing the case, if these are significant.
However, a caution cannot be granted on condition that the Council’s costs are paid.
11. Publicity
The Council will consider publicising any conviction, rent repayment order, banning order
or civil penalty notice which could serve to draw attention to the need to comply with
requirements, or deter anyone tempted to disregard their responsibilities under the law
enforced. We will seek to ensure all publicity is released on the day of conviction or soon
afterwards.
12. ‘Rogue Landlords’ Database
Under the provisions within the Housing and Planning Act 2016 the government will
establish and maintain a database intended to record details of Landlords and Managing
Agents given a Banning Order or convicted of certain offences on a nationwide basis.
Application to have Landlord/Agents details entered on the database is a statutory duty
where a Banning Order has been given and is at the discretion of the Housing Authority
in other circumstances. We will apply to have Landlord’s details entered on the database
Private Sector Housing Enforcement Policy 2023
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where there is a duty to do so, and in other cases where the law allows discretion when
it is in the public interest to do so.
We are also committed to the Greater London Authority (GLA) Rogue Landlord and Agent
Checker which is published on the Mayors website and cites criminal landlords and letting
agents who have been successfully prosecuted for housing offences.
13 Caravan Licensing
The Council can serve compliance Notices (subject to appeal) on site owners where site
licence conditions are breached. These Notices will set out what the site owner needs to
do to correct the breaches, and the timescales. A fee may be charged for the Notice.
Failure to comply with the Notice is a criminal offence and Hillingdon Council has the
power to carry out works in default.
Licensing Officers of the authority have the right to enter, at all reasonable hours (after
having given twenty-four hours' notice) land which is used as a caravan site or in respect
of an application for a site licence has been made.
14 Tenant welfare
The Council recognises that enforcement action can have a knock -on effect on tenants
in terms of occupation and displacement. We will liaise with the Homelessness Prevention
Service when required. Where this is the direct result of a prohibition order, support and
compensation will be considered.
Where retaliatory eviction is threatened/suspected we will use powers to prevent this.
When illegal eviction occurs, we will work with housing colleagues and take this into
account when considering the public interest or aggravating circumstances to the Private
Sector Housing intervention taken.
Rent repayment orders when applicable will be pursued where housing benefits have
been paid to the owner and (when there is capacity) tenants will be supported in applying
to the First Tier Tribunal for orders. The health benefits from enforcement will be recorded
and reported on to show the value of this policy and the team’s interventions.
Private Sector Housing Enforcement Policy 2023
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Appendix 1
Procedure and Charging Schedule for Housing Offences Civil Penalties and
Rent Repayment Orders
Charging Schedule for determining the value of Financial Penalties in relation to
offences under the Housing Act 2004 and the Housing and Planning Act 2016
Magistrates Sentencing Guidelines have been considered in constructing the level of
civil penalties in this charging schedule
Failure to comply with an Improvement Notice (Section
30)
£
1st offence (note 1) 10,000
2nd subsequent offence by same person/company (note 2) 15,000
Subsequent offences by the same person/company (note 6) 25,000
Premiums (use all that apply)
Acts or omissions demonstrating high culpability (note 7) 2,500
Large housing portfolio (10+units of accommodation) (note 3) 2,500
Multiple Category 1 or high Category 2 Hazards (note 4) 2,500
Vulnerable occupant and/or significant harm occurred as a
result of housing conditions
(note 5) 2,500
Offences in relation to licensing of HMOs under Part 2
of the Act (Section 72)
Failure to obtain property licence (section 72 (1)) (note 1) 10,000
2nd subsequent offence by same person/company (note 2) 30,000
Breach of licence conditions (section 72 (2) and (3)) – per
licence breach
5,000
Private Sector Housing Enforcement Policy 2023
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Offences in relation to licensing of HMOs under Part 3
of the Act (section 95)
Failure to licence (section 95 (1)) (note 1) 10,000
2nd subsequent offence by same person/company (note 2) 30,000
Breach of licence conditions (section 95 (2)) – per licence
breach
5,000
Offences of contravention of an overcrowding notice
(section 139)
1st relevant offence (note 1) 10,000
2nd subsequent offence by same person/company (note 2) 15,000
Premiums (use all that apply)
Acts or omissions demonstrating high culpability (note 7) 2,500
Vulnerable occupant and/or significant harm occurred as a
result of overcrowding
(note 3) 2,500
Failure to comply with management regulations in
respect of HMOs (section 234)
1st relevant offences (note 1) 1,000 /
offence
2nd subsequent offences by the same person/company for
the same offence
3,000 /
offence
Premiums (use all that apply)
Acts or omissions demonstrating high culpability (note 7) 2,500
Large housing portfolio (10+ units of accommodation) (note 3) 2,500
Private Sector Housing Enforcement Policy 2023
14
Vulnerable occupant and/or significant harm occurred as a
result of housing conditions
(note 5) 2,500
Preparation of file costs may be added to the final amount but the final amount will
not exceed £30,000
NOTES
Note 1: Offences that may be dealt with by way of imposing a financial penalty
The starting point for a financial penalty is based on the number of previous convictions
or imposition of a financial penalty for the same type of offence in the previous four
years.
After the sta rting point has been determined, relevant Premiums are added to the
starting amount to determine the full financial penalty to be imposed.
No single financial penalty may be over £30,000. Where the addition of all relevant
premiums would put the penalty above the maximum, it shall be capped at £30,000.
Note 2: 2nd subsequent offence by same person/company
The Council will take into account any such convictions or financial penalties
irrespective of the locality to which the offence relates.
Note 3: Large housing portfolio (10+ units of accommodation)
The premium is applied where the perpetrator has control of or manages 10 or more
units of accommodation.
For the purposes of this premium, the definition of a person having control and person
managing are as defined by the Housing Act 2004 Section 263.
Note 4: Multiple Category 1 or high Category 2 Hazards
This premium will apply where the failure to comply with the Improvement Notice
relates to three or more Category 1 or high scoring Category 2 hazards associated
with different building deficiencies. For the avoidance of doubt this means that where
two hazards are present but relate to the same property defect, they are counted as
one hazard for purposes of this calculation.
For the purpose of this premium, a high scoring category 2 hazard is defined as one
scored following the Housing Health and Safety Rating System as “D” or “E”.
Private Sector Housing Enforcement Policy 2023
15
Note 5: Vulnerable occupant and/or significant harm occurred as a result of
housing conditions
This premium will be applied once if either the property is occupied by a vulnerable
person or if significant harm has occurred as a result of the housing conditions.
For purposes of this premium a vulnerable person is defined as someone who forms
part of a vulnerable group under Housing Health and Safety Rating System relating to
hazards present in the property or an occupant or group of occupants considered by
the Council to be at particular risk of harm that the perpetrator ought to have had
regard.
For purposes of this premium, significant harm is defined as a physical or mental
illness or injury that corresponds to one of the four classes of harm under the Housing
Health and Safety Rating System Operating Guidance
1.
At the time of publication this document can be found at www.gov.uk
and a summary
table of vulnerable age in relation to hazards is below.
Hazard
Vulnerable age group (age
of occupant)
Damp and mould growth 14 and under
Excess Cold 65 or over
Excess Heat 65 or over
Carbon Monoxide 65 or over
Lead under 3 years
Personal Hygiene, Sanitation and Drainage under 5 years
Falls associated with baths etc. 60 or over
Falling on level surfaces etc. 60 or over
1 Housing Health and Safety Rating System Operating Guidance:
https://www.gov.uk/government/publications/hhsrs-operating-guidance-housing-act-2004-guidance-
about-inspections-and-assessment-of-hazards-given-under-section-9
Private Sector Housing Enforcement Policy 2023
16
Falling on stairs etc. 60 or over
falling between levels under 5 years
Electrical hazards under 5 years
Fire 60 or over
Flames, hot surfaces etc. under 5 years
Collision and entrapment under 5 years
Collision and entrapment - low headroom 16 or over
Position and operability of amenities etc. 60 or over
Note 6: Previous history of non-compliance with these provisions
This premium is applied where there has been a conviction or imposition of a financial
penalty for the same type of offence in the previous four years.
The Council will take into account any such convictions or financial penalties
irrespective of the locality to which the offence relates.
Note 7: Acts or omissions demonstrating high culpability
This premium will be applied where, the person to which the financial penalty applies,
acted in a reckless or deliberate manner in not complying with the statutory notice or
previous relevant formal advice.
Note 8: Acts or omissions demonstrating high culpability
This premium will be applied where, the person to which the financial penalty applies,
acted in a reckless or deliberate manner in not complying with the statutory notice or
previous relevant formal advice.
Process for imposing penalty charges
1. The Council can impose a civil penalty as an alternative to prosecution for the
following offences under the Housing Act 2004 and Housing and Planning Act
2016:
• Failure to comply with an Improvement Notice (section 30 of the Housing Act
2004);
• Offences in relation to licensing of Houses in Multiple Occupation (section 72
of the Housing Act 2004);
Private Sector Housing Enforcement Policy 2023
17
• Offences in relation to licensing of Houses under Part 3 of the Act (section 95
of the Housing Act 2004);
• Offences of contravention of an overcrowding notice (section 139 of the
Housing Act 2004);
• Failure of comply with management regulations in respect of Houses in Multiple
• Occupation (section 234 of the Housing Act 2004);
• Breach of a banning order (section 21 of the Housing and Planning Act 2016).
2. The power to impose a civi l penalty as an alternative to prosecution for these
offences was introduced by sections 23 and 126 and Schedule 9 of the Housing
and Planning Act 2016.
3. The Council will have regard to the statutory guidance issued under section 23 (10)
and Schedules 1 and 9 of the Housing and Planning Act 2016 in the exercise of its
functions in respect of civil penalties.
4. The maximum penalty is £30,000. In determining an appropriate level of penalty,
the Council will have regard to the following factors to help ensure that the civil
penalty is set at an appropriate level:
a. Severity of the offence. The more serious the offence, the higher the
penalty should be;
b. Culpability and track record of the offender. A higher penalty will be
appropriate where the offender has a history of failing to comply with their
obligations and/or their actions were deliberate and/or they know, or ought
to have known, that they were in breach of their legal responsibilities.
c. The harm caused to the tenant. The greater the harm or the potential for
harm, the higher the amount of civil penalty that will be imposed.
d. Punishment of the offender. The penalty will be proportionate and reflect
both the severity of the offence and whether t here is a pattern of previous
offending.
e. Deter the offender from repeating the offence. The level of the penalty
will be set at a high enough level such that it is likely to deter the offender
from repeating the offence.
f. Deter others from committing simila r offences. An important part of
deterrence is the realisation that (a) the local housing authority is proactive
in levying civil penalties where the need to do so exists and (b) that the civil
penalty will be set at a high enough level to both punish the offender and
deter repeat offending.
g. Remove any financial benefit the offender may have obtained as a
result of committing the offence. It should not be cheaper to offend than
to ensure a property is well maintained and properly managed.
5. The Council will follow the procedure for imposing a civil penalty as set out in
Schedule 13A of the Housing Act 2004 and Schedule 1 of the Housing and
Planning Act 2016.
6. A “Notice of Intent” shall be served on the person suspected of committing the
offence. The Notice shall specify:
a. The amount of any proposed financial penalty
b. The reasons for proposing the financial penalty
Private Sector Housing Enforcement Policy 2023
18
c. Information about the right to make representations to the Council.
7. The person to which the notice relates will be given 28 days to make written
representation to the Council about the proposal to impose a financial penalty. The
representation may be via any legible written format, but to aid respondents, a form
will be included with the Notice of Intent.
8. Following the 28 day period the Council will decide:
a. Whether to impose a financial penalty on the person, and
b. The value of any such penalty imposed
9. If the Council decides to impose a financial penalty, a final notice shall be issued
imposing that penalty. The final notice will specify:
a. The amount of the financial penalty;
b. The reasons for imposing the penalty;
c. Information about how to pay the penalty;
d. The period for payment of the penalty;
e. Information about rights of appeal to the First-tier Tribunal;
f. The consequences of failure to comply with the notice.
Consequences of non-compliance and miscellaneous provisions
10. Financial Penalties are an alternative to criminal proceedings and as such if a
penalty is imposed, no criminal proceedings can be initiated for the same offence.
11. The Council may, at any time:
a. Withdraw a notice of intent or final notice
b. Reduce the amount specified in a notice of intent or final notice
Where the Council decides to take either action, it will write to the person to whom
the notice was given.
12. The Council is required to issue a ‘notice of intent’ to issue a financial penalty.
Under this notice a landlord has 28 days with which to make representations to the
Council. At the end of this period, should the Council still propose to issue the
financial penalty, the will serve a ‘final notice’ imposing the penalty.
13. On receipt of a final notice imposing a financial penalty a landlord can appeal to
the First-tier Tribunal against the decision to impose a penalty and/or the amount
of the penalty. The appeal must be made within 28 days of the date the final notice
was issued. The final notice is suspended until the appeal is determined or
withdrawn.
14. If a person appeals, the final notice is suspended until the appeal is determined or
withdrawn.
15. If, after any appeal has been finally determined or withdrawn, a person receiving a
financial penalty does not pay all or part of the penalty charge, the Council will
recover the penalty by order from a County Court. Where appropriate, the Council
will also seek to recover the costs incurred in taking this action from the person to
which the financial penalty relates.
Private Sector Housing Enforcement Policy 2023
19
16. Where a person has received two financial penalties under this legislation in any
12 month period, irrespective of the locality to which the offences committed, the
Council will consider making an entry on the Greater London Authority database
and the National database of rogue landlords and property agents. When
considering making an entry, the Council will have regard to any guidance issued.
Rent Repayment Orders
17. The Housing Act 2004 introduced rent repayment orders to cover situations where
the landlord of a property had failed to obtain a licence for a property that was
required to be licensed, specifically offences in relation to licensing of Hous es in
Multiple Occupation (section 72(1)) and offences in relation to licensing of houses
under Part 3 of the Act (section 95 (1)).
18. Rent repayment orders have now been extended through the Housing and
Planning Act 2016 to cover the following situations:
• Failure to comply with an Improvement Notice under section of the Housing Act
2004;
• Failure to comply with a Prohibition Order under section 32 of the Housing Act
2004;
• Breach of a banning order made under section 21 of the Housing and Planning
Act 2016;
• Using violence to secure entry to a property under section 6 of the Criminal Law
Act
• 1977; and
• Illegal eviction or harassment of the occupiers of a property under section 1 of
the and Protection from Eviction Act 1977.
19. A rent repayment order can be applied for when the landlord has committed an
offence for which a rent repayment order can be imposed, whether or not a landlord
has been convicted to the offence. A criminal standard of proof is required. The
First-tier Tribunal must be satisfied beyond reasonable doubt that the landlord has
committed the offence or the landlord has been convicted in the courts of the
offence for which the rent repayment order application is being made.
20. The Council will have regard to the relevant statutory guidance issued under in the
exercise of its functions in respect of rent repayment orders.
21. The Council will consider applying for a rent repayment order if it becomes aware
that a person who is a landlord has been convicted of any of the offences for which
a rent repayment order can be imposed.
22. The Council will consider each case independently in deciding when to prosecute
and when to apply for a rent repayment order.
23. Where a landlord has been convicted of the offence to which the rent repayment
order relates, the First-
View Decision / Minutes Text
Executive Decision Notice – 09 March 2023 Page 1
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
OFFICIAL EXECUTIVE DECISION NOTICE
PUBLISHED BY DEMOCRATIC SERVICES
Notice is hereby given that the following decision(s) have been made today by
Cabinet Members at the London Borough of Hillingdon:
Title of decision
PRIVATE SECTOR HOUSING ENFORCEMENT POLICY
2023
Reference No. 714
Date of decision Thursday 09 March 2023
Call-in expiry date Thursday 16 March 2023
Relevant Select
Committee
Residents’ Services Select Committee
Relevant Wards All wards
Decision made
Cabinet Members
making the decision
Councillor Eddie Lavery – Cabinet Member for Residents’
Services
Approved
That the Cabinet Member approved the Private Sector
Housing Enforcement Policy at Appendix 1 of the report.
Reason for decision The resolution will provide the policy framework for enforcement
action in private sector housing.
Alternative options
considered and
rejected
The alternative option would have been to not have a specific
private sector housing enforcement policy and to rely solely on
the Council wide enforcement policy. This lacks specific detail
related to private sector housing and to rely on this would impact
on the Council’s ability to provide clear and explicit information
on enforcement in this sector.
Classification Part I - Public
Link to associated
report
Here
Relevant Officer
contact & Directorate
Michelle Greenidge / Debby Weller – Place Directorate
Any interest declared
by the Cabinet
Member(s) /
dispensation granted
N/A
Executive Decision Notice – 09 March 2023 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Implementation of decision & scrutiny call-in
[Internal Use only]
When can this
decision be
implemented by
officers?
Officers can implement Cabinet Member decision in this notice
only from the expiry of the scrutiny call-in period which is:
5pm on Thursday 16 March 2023
However, this is subject to the decision not being called in by
Councillors on the relevant Select Committee. Upon receipt of a
valid call-in request, Democratic Services will immediately advise
the relevant officer(s) and the decision must then be put on hold.
Councillor scrutiny
call-in of this
decision
Councillors on the relevant Select Committee shown in this
notice may request to call-in this decision. The request must be
before the expiry of the scrutiny call-in period above.
Councillors should use the Scrutiny Call-in App (link below) on
their devices to initiate any call-in request. Further advice can be
sought from Democratic Services if required:
Scrutiny Call-In - Power Apps (secure)
Further information These decisions, where applicable, have been taken under The
Local Authorities (Executive Arrangements) (Meetings and
Access to Information) (England) Regulations 2012.
This is the formal notice by the Council of the above executive
decision, including links to the reports where applicable.
If you would like more information on this decision, please
contact Democratic Services on 01895 250636 or email:
democratic@hillingdon.gov.uk.
Circulation of this decision notice is to a variety of people
including Members of the Council, Corporate Directors, Officers,
Group Secretariats and the Public. Copies are also placed on
the Council’s website.
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