Issue - meetings
Private Sector Housing Civil Penalties Policy and HMO Amenity Standards Policy
Meeting: 04/09/2025 - Cabinet (Item 127)
127 Private Sector Housing Civil Penalties Policy and HMO Amenity Standards 
PDF 547 KB
Purpose
To review and renew the Civil Penalties Enforcement Policy andthe HMO Amenity Standards policy.
Recommendation(s)
That Cabinet resolves to:
- Approve the Policy for Civil Penalties under the Housing and Planning Act 2016 and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
- Approve the HMO Amenity Standards Policy
- Delegate authority for decisions on the issue of Civil Penalties and the issuing of the Civil Penalties to the Business Manager of Environmental, Welfare and Revenue Service, in consultation with the Head of Legal Services.
Additional documents:
- Annex A Cotswold DC CPN Policy 2025, item 127
PDF 981 KB
- Annex B CDC HMO Amenity Standards, item 127
PDF 807 KB
- Annex C Equality and Rurality Impact Assessment for Private Sector Housing Policy report, item 127
PDF 663 KB
- Webcast for Private Sector Housing Civil Penalties Policy and HMO Amenity Standards
Decision:
The purpose of the report was to review and renew the Civil Penalties Enforcement Policy andthe HMO Amenity Standards policy to take account of legislative changes and new guidance from tribunal decisions.
Councillor Mike Evemy, Leader of the Council, introduced the item.
The recommendations were proposed by Councillor Mike Evemy and seconded by Councillor Tristan Wilkinson.
RESOLVED that Cabinet
- Approved the Policy for Civil Penalties under the Housing and Planning Act 2016 and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
- Approved the HMO Amenity Standards Policy.
- Delegated authority for revisions to the Civil Penalties Policy and the issuing of Civil Penalties to the Business Manager, Environmental, Welfare and Revenue Service, in consultation with the Head of Legal Services.
Voting Record:
7 For, 0 Against, 0 Abstentions.
Councillor Andrea Pellegram did not vote having declared an interest.
Minutes:
Councillor Andrea Pellegram, Cabinet Member for Environment and Regulatory Services left the Chamber having declared an interest at the start of the meeting.
Councillor Mike Evemy, Leader of the Council, introduced the report which covered a review and update of both the Civil Penalties Enforcement Policy and the Houses in Multiple Occupation (HMO) Amenity Standards policy taking into account legislative changes and new guidance from tribunal decisions.
Civil Penalties Policy
This policy was required to be in place in order to retain the option of serving a civil penalty for a housing offence, as an alternative to prosecution. Officers would continue to conduct their work in accordance with the Corporate Enforcement Policy, with the informal approach to resolution usually being the starting point. Proposed fines ranged from £500 to £30,000, depending on the seriousness of the offence(s). The forthcoming Renters Rights Bill was expected to require councils to use Civil Penalties, and their scope was being broadened to include harassment and illegal eviction. It was therefore considered important to have a robust and up-to-date policy in place.
The Policy had been developed nationally by Justice for Tenants, and a methodology had been provided for the calculation of fines together with a step-by-step procedure. This would ensure that good decisions were made and that they could be properly defended if appealed at Tribunal. The final decisions on fines would be made by the Head of Legal Services in consultation with the Business Manager for Environmental, Welfare and Revenue Services. The policy would be updated from time to time, although any significant changes to the Policy would be referred to the portfolio holder and brought to Cabinet.
HMO Amenity Standards
It was noted that this policy applied to the inspection of all HMOs, not only those that were licensed. The policy was designed to provide guidance to officers, landlords and tenants and had been updated to reflect the change in definition of a licensable HMO.
It was noted that landlords were always given an opportunity to remedy issues before penalties or prosecution, with mitigating and aggravating factors taken into account. Complaints were mainly tenant-led, though proactive inspections were carried out on licensable HMOs.
The recommendations were proposed by Councillor Mike Evemy and seconded by Councillor Tristan Wilkinson.
The proposal was put to the vote and agreed by Cabinet.
Voting Record:
7 For, 0 Against, 0 Abstentions.
Councillor Andrea Pellegram did not vote having declared an interest.