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44 Fee Structure for Fixed Penalty Notices for Housing Act 2004 Offences PDF 222 KB
Additional documents:
Minutes:
This item was Chaired by Councillor Mike
Todd-Jones
Matter for
Decision
In April of this year The Housing Act 2004
was amended by the Housing and Planning Act 2016. The 2016 Act introduced a range
of measures to crack down on rogue landlords including the introduction of
civil penalties of up to £30,000 as an alternative to prosecution for certain
specified offences.
In serving a Civil Penalty Notice under
these amendments the Council must decide a charge on a case by case basis
rather than having a fixed fee. Cambridge intends to address this in the same
method as other local authorities by creating a charging matrix.
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Decision
of Executive Councillor for Housing
i.
Approved
the
charge levels for the enforcement of Civil Penalty notices for relevant Housing
Act 2004 offences as set out in Appendix 1 of the Officer’s
report.
Reason for the Decision
As set out in the Officer’s report.
Any Alternative Options Considered and Rejected
Not applicable.
Scrutiny
Considerations
The Committee received a report from the Environmental Health Officer.
The Environmental Health Officer said the following
in response to Members’ questions:
i.
Standard Civil Penalty recovery notices would be
used to pursue payment defaults.
ii.
Confirmed that an initial investigation would
establish who was responsible for the property. In the case of an absent
landlord, this could be a management agency. Action would be taken against that
person or agency.
iii.
The policy would be reviewed annually to monitor its
impact.
iv.
The use of any income raised would be restricted to
further enforcement work.
v.
Sub-letting leaseholders would be subject to the
same regulations.
The Head of Environmental Health confirmed
that further regulation on this matter was expected some-time next year. This
could result in a further review of staffing levels expected as some point next
year.
The Committee resolved by 6 votes to 0 to endorse the recommendation.
The Executive Councillor approved the recommendation.