To consider report SHAP/73 of the Head of Strategic Housing and Planning Services, which was referred to the meeting of the Overview and Scrutiny Commission held on 19 March 2018.
The Cabinet Member for Housing presented report SHAP/073 of the Head of Strategic Housing and Planning Services to the Cabinet. The report informed Members that legislation would be coming into force in April 2018 enabling Local Authorities to pursue banning orders for a number of specified offences under the Housing Act 2004. Also coming into force at the time were powers and duties on Local Authorities to include persons on a nationally held database of rogue landlords and property agents. Cabinet noted that the report sought approval to use banning orders and make entries onto the database as laid out in the Housing and Planning Act 2016 as a tool to assist the Council in improving standards within the private rented sector.
In considering the report the Cabinet were in support of the introduction of the national database of rogue landlords and property agents as this approach should hopefully protect our residents who rent in the private section from being take advantage of by bad landlords.
The Cabinet noted the Overview and Scrutiny Commission’s comments on the report and its comments to the Cabinet following consideration of the matter at its meeting on 19 March 2018.
1. agrees to the use of the new powers allowing the Council to apply for banning orders, as summarised in Sections 4.1 - 4.5 of report SHAP/73.
2. agrees to the use of the new duties and powers to make entries onto the database with respect to rogue landlords and property agents, as summarised in Sections 4.6 – 4.8 of report SHAP/73.
3. delegates authority to the Head of Strategic Housing and Planning Services in consultation with the Head of Legal and Democratic Services to agree when banning orders are to be applied for on a case by case basis. (Generic Delegation 3 will be used to enact this recommendation).
4. delegates authority to the Head of Strategic Housing and Planning Services in consultation with the Head of Legal and Democratic Services to agree when to exercise the power to include persons convicted of a banning order offence on the database. (Generic Delegation 7 will be used to enact this recommendation).
Reasons for the Recommendations
The recommendations will enable the Council to utilise additional legislative powers in driving up standards within the private rented sector.