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Enforcement Policy

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Enforcement Policy Incomplete licence applications Where an application is missing information that is required as part of the application process, one opportunity will be offered to supply the correct information (administration charge payable). Where information is still not supplied as required to comply with the requirements of an application the applicant will be returned. The applicant will be deemed to have not made a valid application and may be at risk of further investigation for failing to licence the property. This policy will be reviewed on an annual basis to maintain accuracy, in order to secure the level of service given to the public. Further information For any queries please contact: Private Sector Housing Team, Communities and Environment, Gateshead Council, Civic Centre, Regent Street, Gateshead, Tyne & Wear, NE8 1HH Tel: 0191 433 3000 Email: [email protected] Website: www.gateshead.gov.uk Gateshead Private Sector Housing Team Enforcement Policy Selective Landlord Licensing 19 1766-SS-May18 Contents Introduction Selective licensing is a regulatory tool under Part 3 of the Housing Act 2004 which provides a Introduction 2 discretionary power for Local Authorities to introduce selective landlord licensing of privately rented homes within a designated area. This is based on specific indicators of low housing Our Agreed Principles for Effective Enforcement 3 demand, problems with anti-social behaviour, including concerns with one or more of the following - levels of crime, deprivation, migration and housing conditions. Graded Response to Enforcement Action 5 Selective licensing contributes to confidence in the private rented sector, and encourages landlords to increase accountability for the management of their property and tenants. Offences under Selective Licensing 8 Generally, good responsible landlords will benefit from the additional support with unscrupulous landlords finding it a less appealing proposition. Investigating an Offence 11 The policy sets out the broad principles and processes which Officers within Private Sector Incomplete licence applications 19 Housing will follow when delivering landlord licensing in line with the requirements of The Housing Act 2004, and other appropriate housing legislation to ensure the approach is fair Contact us 19 and consistent and that it will stand up to scrutiny. This enforcement policy helps to promote efficient and effective approaches to regulatory inspection and enforcement of licensing schemes, which improve regulatory outcomes without imposing unnecessary burdens. Enforcement in the context of this policy is not limited to formal enforcement action such as serving notices or prosecution, but includes, the inspection of premises to check for compliance with legislation and the provision of advice, support and guidance. It sets out what owners, landlords, and their agents and tenants of private sector properties can expect from Gateshead Council and the types of enforcement action that can be taken and considered. Overall Enforcement Policy The Private Sector Housing Team endeavours to work with landlords to provide support and guidance to improve housing standards and practices within the private rented sector. Any enforcement action considered will be based on risk and we must also have full regard to any statutory duty. Assessment of risk will be based on current legislation and specific guidance. 1 2 • Although Officers have to exercise judgment in individual cases, we will ensure that Our agreed principles for procedures wherever possible are the same and people are treated equitably. It must be stressed that as a rule we believe in gaining the desired result through effective effective enforcement engagement with the parties involved, however we will take enforcement action if the criteria of the enforcement policy has been satisfied. In response to the enforcement concordat the Private Sector Housing Team consider the following principles as the basis for undertaking fair and balanced enforcement: Service complaints • The Council has a corporate complaints system that enables the public to Openness provide their views on our services. Details of the procedure can be found at: Gateshead Civic Centre, Regent Street, Gateshead, Tyne and Wear,NE8 1HH or by visiting • We will provide information to the public in plain language and if possible, avoid any jargon. the Council’s website at www.gateshead.gov.uk. We respond promptly and positively to complaints received about the service. • We are open and honest about how we do our work and in particular how we set our charges for enforcement. • We will always discuss general issues, specific failures or problems with anyone who we Principles of enforcement and enforcement decisions have enforced against. • When discharging its duties in relation to Private Sector Housing, the Council will follow the principles of good enforcement and ensure that enforcement decisions are made and • We will try to ensure that people understand what is expected from them as well as making actions taken in line with the provisions of the following legislation: them aware of what they can expect from us. - The Human Rights Act 1998 - Regulators Compliance Code Helpfulness - Criminal Procedures and Investigations Act 1996 • Our staff will provide a courteous, efficient and helpful service. - Regulation of Investigatory Powers Act 2000 • All staff visiting properties will identify themselves by name and carry identification cards. - The Crime and Disorder Act 1996 • We will provide a contact point and telephone number for further dealings with Officers. - The Police and Criminal Evidence Act 1984 (as amended) - Civil penalties under the Housing and Planning Act 2016 - Guidance for Local Proportionality Housing Authorities • Where possible, we will endeavor to minimise the costs of compliance with notices by ensuring the action we take is proportionate to the risks. Partnership working • We will work with those required to take action so that they can meet their legal obligations • We engage in partnership working with other enforcement agencies where there is a without unnecessary expense. shared enforcement role, or where it is in the public interest to share matters concerning non-compliance with enforcement actions taken. For example liaising with; the Police, the • Similarly, any sanctions we impose will take account of the seriousness of the offence. Health and Safety Executive and other Council Services. Consistency and fairness • The Private Sector Housing Team are currently working directly in partnership with Northumbria Police in Selective Landlord Licensing areas. In an operation referred to as Officers will carry out their duties in a fair and consistent manner. To achieve this, we will • Operation Vienna, there are a number of police officers now embedded into the licensing develop and put in place procedures for the range of enforcement activities we carry out team to ensure a co ordinated and joined up approach to tackling problems in the licensing and ensure that Officers follow such procedures. areas, supported by effective information sharing. 3 4 Graded response Consideration will be given to: to enforcement action • The impact of interventions on economic progress, especially small businesses, • Whether benefits justify the costs and poses the minimum burden to achieve the objective, The pyramid detailed below provides an overview of the graded response to enforcement action. If a landlord engages with the Local Authority in the first instance they will be supported following • Whether informal action may compromise the objective or whether there is a serious breach of an informal approach. However, if a landlord does not comply with the informal request, the local legislation. For example, where an imminent risk to public health exists and removal of the risk authority will take the graded approach to ensure compliance. is only guaranteed through a formal approach. Enforcement action will be based on risk and we must also have full regard to any statutory • Any relevant history in relation to the case. In particular, officers will consider whether any formal duty. Assessment of risk will be based on current legislation and specific guidance. As and when action has been taken in the past, the recipient’s response and the ability and willingness of the necessary, the council will seek to ensure it recovers appropriate costs from those landlords who recipient to keep to agreed timetables of work. are not being proactive in managing or letting properties. • Whether an act or omission is serious enough to warrant formal action, or whilst there is no infringement of legislation, a positive benefit from informal action can be derived. The initial decision to take informal or formal action will be made by the enforcement officer. The Stage 5 Breach: decision will be agreed with the relevant line manager, however, overall responsibility for officers’ 5 civil penalties, prosecution, final management orders actions rests with the Service Director of Development, Transport and Public Protection. Stage 4: Substantive enforcement - legal notices, 4 interim management orders Informal Action (Stages 1 & 2) Stage 3: Initial enforcement – legal notices, 3 licence revocations, licence refusal Informal action includes: • Issuing verbal advice or instruction, Stage 2: Warning - investigation, warning 2 letters, • Working in partnership with key agencies, Stage 1: Advice given, informal • The provision of advisory written information;
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