Decision details

Councillor Claire Cummins, Cabinet Member for Housing, presented the report regarding the adoption of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (referred to as ‘the regulations’).

Decision:

That Cabinet:

1.   Adopt and implement the regulations in order to allow the Council to carry out its statutory function in relation to electrical safety standards in the private rented sector;

2.   Agree to adopt the same process of issuing and determining levels of civil penalties for the offences in the regulations, in line with the previously agreed Civil Financial Penalty Policy adopted by Cabinet on 29th July 2020;

3.   Delegate authority to the Director of Economic Regeneration and Capital Growth to approve minor amendments to the Private Sector Housing Enforcement Policy and the Civil Financial Penalty Policy to reflect the additional regulations and statutory duties.

Reasons for the decision:

As a statutory function of the Local Authority, Cabinet must adopt the Regulations so the Council is equipped to tackle rogue Landlords in the private rented sector who fail to meet their obligations as a Landlord. The additional provision to impose a fine up to £30,000 sends a strong message to any rogue Landlord that substandard property conditions and unsafe electrical installations will not be tolerated. Any income from the civil penalty can be attributed towards the cost of the Council taking enforcement action in the private rented sector.

Other options considered and rejected:

Option 1 - To not adopt and incorporate the regulations

As a piece of legislation, we have a duty to adopt and utilise the powers contained within.

Option 2 - To implement the regulations into the Private Sector Housing Teams Enforcement Policy and produce an additional civil penalty policy for offences under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

This option is not recommended. In order to issue a fine under the regulations, the Council must be certain, beyond all reasonable doubt, that a private Landlord is in breach of their duties under regulation 3 of the regulations. The existing civil penalty policy, adopted by Cabinet on 29th July provides a procedure and fining structure consistent with other GM Local Authorities when issuing fines of the same maximum financial value and burden of proof. There is no need to create an additional policy when once has previously been agreed.

Option 3 - To implement the regulations into the Private Sector Housing Teams Enforcement Policy and produce an additional civil penalty policy for offences under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 with a different fining structure to the current policy

This option is not recommended as any alteration to the fining structure would cause policies to conflict with each other and could leave the Council open to challenge in the event of any appeal. For clarity and consistency, the fining structure should remain the same as the current civil penalty policy.