Decision details

The Cabinet Member for Housing Services presented a report regarding the implementation of the Renters’ Rights Act 2025 legislation, bringing in changes to the private rented sector and strengthening the role of local authorities as regulators while offering greater protection for renters. In response to Members’ questions, it was noted that implementation commenced in May 2026, with subsequent phases continuing beyond 2026. The timescales presented challenges for all authorities, particularly in the context of workforce capacity shortages. However, measures had been put in place to strengthen resilience, including the development of apprenticeship programmes.

Members discussed the Phase 2 rollout of the national private rented sector landlord database and agreed that it had the potential to deliver benefits for both landlords and tenants. It was noted that arrangements for sharing the database had yet to be confirmed; however, further information would be circulated once details became available.

Decision:

Cabinet:

1. Noted the implementation of the Renters’ Rights Act on 1st May 2026;
2. Approved the amendments to the existing enforcement policy and adopt the Justice for Tenant’s Civil Penalty Policy;
3. Delegated authority to the Assistant Director of Public Protection and Resilience, in consultation with the Director of Law and Governance, to implement any further policies required or make further amendments to existing policies;
4. Supported investment in staffing and digital systems to deliver Private Rented Sector regulation; and
5. Noted the alignment with Corporate Plan priorities and the Housing Strategy.

Reasons for the decision:

To ensure the Council can fully meet its statutory duties under section 107 of the Renters’ Rights Act 2025. The recommendations provide a clear, consistent and legally robust framework for enforcement decision-making, reducing the risk of legal challenge and associated reputational risk. Making minor amendments to the existing Enforcement Policy will enable timely and effective implementation, building on a policy that is already considered robust. Adopting the Act-specific Civil Penalty Policy will further ensure consistency, transparency and proportionality in the application of penalties under the new legislative framework, while aligning the council’s approach with national best practice and mitigating the risk of challenge arising from local deviation.

Alternative options considered and rejected:

• Not to implement policy changes
• To adopt both the JfT/ACEHO Civil Penalty Policy and Enforcement Polices to replace the existing local policies.