Housing enforcement guidance

Charging system for determining the value of civil penalties imposed under:

• Housing Act 2004

• Housing and Planning Act 2016

• Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Housing Act 2004

Failure to comply with an Improvement Notice (Section 30) - see note 1

• 1st offence £2,000

• 2nd offence by same person/company £5,000

• Subsequent offences by same person/company £10,000 - see note 2

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Multiple category 1 or high category 2 hazards +£2,500 - see note 4

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

Offences in relation to licensing of HMOs under Part 2 of the Act (Section 72) - see note 1

• Failure to obtain property Licence (section 72(1)) £2,000

• Subsequent offences by same person/company £5,000 - see note 2

• Breach of Licence conditions - Section 72(2) and (3) - per licence breach £1,000

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

Offences in relation to licensing under Part 3 of the Act (Section 95) - see note 1

• Failure to licence - section 95(1) £2,000

• Subsequent offences by same person/company £5,000 - see note 2

• Breach of Licence conditions - Section 95(2) - per licence breach - £1,000

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

Offences of contravention of an overcrowding notice - section 139 - see note 1

• 1st relevant offences £1,000

• Subsequent offences by same person/company £2,000 - see note 2

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

• Knowingly breach of notice - +£2,500 - see note 7

Failure to comply with management regulations in respect of HMOs (Section 234) - see note 1

• Relevant offences (per regulation) - £1,000

• Subsequent offences by same person/company £2,000 - see note 2

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 - Regulation 3

Breach of a duty of private landlords in relation to electrical installations

• Relevant offences (per breach) £,1,000 - see note 1

• Subsequent offence by same person/company £2,000 - see note 2

Premiums (use all that apply)

• Large housing portfolio (10+ properties) +£2,500 - see note 3

• Vulnerable occupant and/or significant harm occurred as result of housing conditions +£2,500 - see note 5

• Perpetrator demonstrates income to be less than £440 per week -50% - see note 6

Notes

Note 1 - offences that may be dealt with by way of imposing a financial penalty

The starting point for a financial penalty is based on the number of previous convictions or imposition of a financial penalties for the same type of offence in the previous four years.

After the starting point has been determined, relevant Premiums are added to the starting amount to determine the full financial penalty to be imposed.

No single financial penalty may be over £30,000. Where the addition of all relevant premiums would put the penalty above the maximum, it shall be capped at £30,000

Note 2 - 2nd and subsequent offence by same person/company

We will take into account any such convictions or financial penalties irrespective of the locality to which the offence relates.

Note 3 - Large housing portfolio (10+ properties)

The premium is applied where the perpetrator has control or manages of 10 or more residential properties. It is considered appropriate to set a higher penalty for landlords who operate a large number of properties as they are effectively operating a business and in failing to comply with statutory provisions are gaining a competitive advantage over law-abiding landlords.

For the purposes of this premium, the definition of a person having control and person managing are as defined by Housing Act 2004 Section 263.

Note 4 - multiple category 1 or high category 2 hazards

This premium will apply where the failure to comply with the improvement notice relates to three or more category 1 or D or E category 2 hazards associated with different building deficiencies. Where two hazards are present but relate to the same property defect, they are counted as one hazard for purposes of this calculation.

The purpose of this premium is to reflect the severity of the offence, in that several defects have not been addressed, and to ensure there is no financial benefit in not complying with a notice with multiple works.

Note 5 - vulnerable occupant and/or significant harm occurred as result of housing conditions

This premium will be applied if the property is occupied by a vulnerable person or if significant harm has occurred as a result of the housing conditions. A statement may be obtained from the tenant relating to harm caused.

A vulnerable person is someone who forms part of the identified vulnerable group for each hazard under the Housing Health and Safety Rating System. Or an occupant or group of occupants considered by the Council to be at particular risk of harm that the perpetrator ought to have had regard to. The table below identifies the vulnerable group for each hazard.

Significant harm is defined as physical or mental illness or injury that corresponds to one of the four classes of harm under the housing health and safety rating system operating guidance on the Gov.UK website.

Vulnerable age groups  for hazards (age of occupant)

• Damp and mould growth - 14 and under

• Excess cold - 65 or over

• Excess heat - 65 or over

• Carbon monoxide - 65 or over

• Lead - under 3 years

• Personal hgiene, sanitation and drainage - under 5 years

• Falls associated with baths etc. - 60 or over

• Falling on level surfaces etc. - 60 or over

• Falling on stairs etc. - 60 or over

• Falling between levels - under 5 years

• Electrical hazards - under 5 years

• Fire - 60 or over

• Flames, hot surfaces etc. - under 5 years

• Collision and entrapment - under 5 years

• Collision and entrapment - low headroom - 16 or over

• Position and operability of amenities etc. - 60 or over

Note 6 - Perpetrator demonstrates Income to be less than £440/week

This premium will be applied after all other relevant premiums have been included and if applicable will reduce the overall financial penalty by 50%.

To be applicable, the person served by the notice of intent must provide sufficient documented evidence of income.

The figure of £440/week is to be calculated after omission of income tax and national insurance. The threshold for such a reduction was determined by reference to the Magistrates Courts sentencing guidelines and could be amended as necessary to take into account inflation etc.

We reserve the right to request further information to support any financial claim, and where this is incomplete or not sufficiently evidenced may determine that the premium should not be applied.

Note 7 - Knowingly breach of notice

This premium will be applied where, the person to which the financial penalty applies, acted in a reckless manner in not complying with the overcrowding notice.