Decision

1.         that the
Housing Standards Civil Penalty Policy as set out in Appendix 1 of
the submitted report be approved;

 

2.         that the
amended House In Multiple Occupation (HMO) Licence Conditions as
set out in Appendix 2 to 4 of the submitted report be approved;
and

 

3.         that
delegated authority be given to the Director of Adults and
Community Services, in consultation with the Cabinet Member for
Adult and Community Services, Public Health and Inequalities, to
make further updates to the Housing Standards Civil Penalty Policy
and House In Multiple Occupation Licence Conditions following Royal
Ascent of the Renters Rights Bill.

Reasons for the decision

The adoption of the
amended Housing Standards Civil Penalty Policy would ensure that
the Council were compliant with current legislative developments to
ensure that when landlords breach legislation to the degree that
action was justified, the Council were able to apply the
appropriate sanctions.  In addition the
adoption of the amended HMO licence conditions ensured that the
Council were able to apply the relevant conditions without the need
to clarify poorly drafted legislation making it easier for HMO
licensee’s to understand the requirements and making any
review more efficient.

Alternative options considered

The options were:
 
Option 1 – Adopt
both policies and delegate authority to make
adjustments following forthcoming legislation.  The updated policies would ensure that the Council
was legislatively compliant, able to action requirements
efficiently and effectively, able to direct landlords and licensees
to clear and understandable requirements.  By delegating authority, it would enable updates
of any new requirements promptly.  This
was the preferred option.
 
Option 2 –
Refuse to adopt the new Housing Standards Civil Penalty Policy.
 The way the current policy was drafted
was not in line with the most recent case law.  Whilst this would not impact the Council’s
ability to seek action at the First-tier Tribunal, it undermines
the Council’s ability to set the fine levels resulting in the
possibility of escalation to the Upper tribunal and the associated
resources for Torbay Council and landlords.
 
Option 3 –
Refuse to adopt the HMO licence condition amendments.  There would be no fundamental problem other than
inefficiency in managing the HMO licensing and a missed opportunity
to provide a clearer set of conditions for licensees to follow.