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Officer Key Decision - Monday 27th April 2026
April 27, 2026 Officer Key Decision View on council websiteSummary
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The Officer Key Decision meeting scheduled for Monday 27 April 2026 was set to discuss the implementation plan for the Renters' Rights Act 2025 within the London Borough of Newham. This significant legislation aims to reform the private rented sector, introducing new responsibilities for local authorities.
Renters' Rights Act 2025 Implementation Plan
The primary focus of the meeting was the implementation of the Renters' Rights Act 2025 (RRA25) in Newham. This act is described as a major overhaul of the private rented sector, designed to create a fairer system for tenants and place new responsibilities on local authorities. The RRA25 introduces new laws, civil breaches, and criminal offences for non-compliance. It also significantly increases the maximum civil penalty for certain offences from £30,000 to £40,000 and provides revised statutory guidance for local authorities on imposing these penalties.
The report pack indicated that the existing Private Sector Housing (PSH) Enforcement Policy needed to be revised to incorporate the RRA25 requirements and government guidance, with a view to implementation from May 2026. The report detailed the progress made in preparing Newham for the new legislation, overseen by a Renters' Rights Act Project Board. This board, led by the Director of Housing Needs, meets monthly to monitor progress, financial expenditure, and agree on future actions.
Key recommendations included:
- Adoption of the revised Private Sector Housing Enforcement Policy to take effect from 1 May 2026. This policy incorporates government guidelines and includes a discretionary 10% uplift to civil penalty starting points to reflect Newham's above-national-average rents. It also outlines adjustments for aggravating and mitigating factors.
- Delegated authority to the Director of Housing Needs and Head of Private Sector Housing to make minor amendments to the revised policy as needed.
- Delegated authority to the Director of Housing Needs and Director for Law and Governance to finalise any further policies required by subsequent parliamentary orders or statutory instruments to give effect to the RRA25.
- Authorisation for the Director of Housing Needs and Director of Legal Services to approve amendments to the Council's Constitution and Scheme of Delegation to empower officers to use the new RRA25 powers and duties.
The report also noted the formation of the Renters' Right Act Project Board and the progression of actions outlined in the implementation plan by all involved services.
The RRA25, set to commence on 1 May 2026, will introduce significant changes, including the abolition of Section 21 no-fault
evictions, the conversion of assured shorthold tenancies to periodic assured tenancies, and limitations on rent increases. Landlords will only be able to seek possession through specific grounds under Section 8 of the Housing Act 1988, requiring more robust evidence and documentation.
Preparations for Newham's organisational readiness began with support from the Operation Jigsaw organisation. An implementation plan was developed, covering process and policy updates, data collection, recruitment, financial, communication, and training requirements. The report highlighted that progress had been made on most tasks, with ongoing oversight by the RRA Board.
The revised PSH Enforcement Policy, detailed in Appendix 2, outlines how Newham Council's Private Sector Housing Standards team will enforce housing and public health legislation. It allocates enforcement responsibilities between the PSHS team (for offences) and the Homelessness Prevention & Advice Service (HPAS) (for breaches). The policy sets maximum caps for breaches at £7,000 and for offences at £40,000, with penalty income ring-fenced for future enforcement resources. The policy also introduces a new council duty to investigate illegal evictions and sets civil penalty starting points for specific offences.
A 10% general adjustment uplift to civil penalty starting points was recommended, justified by Newham's average private rents being approximately 34% higher than the national average. This uplift is intended to ensure penalties act as a deterrent and will be reviewed annually. The policy also details how mitigating and culpability factors, financial considerations, and the totality principle will be applied on a case-by-case basis to determine final penalty amounts.
The report also touched upon data collection requirements for central government, charging for notices, publicity of prosecutions, and a complaints procedure. Financial implications included the acceptance of new burdens funding from the Ministry for Housing, Communities and Local Government (MHCLG) to cover preparation costs, staff training, and recruitment. Further funding was confirmed for managing the impact of the Act on homelessness services. The report anticipated that income from Civil Penalty Notices and a proportion of registration fees would sustain property licensing staff enforcement costs from 2027/28 onwards.
Legal implications highlighted the mandatory nature of the new duties and powers under the RRA25, stressing the necessity of the revised policy for legal enforcement from 1 May 2026. Failure to adopt the policy could leave the Council at risk of legal challenge and reputational damage. The report also noted the need for amendments to council constitution documents and procedures to authorise officers to use the new powers. A business case for a Senior Enforcement Lawyer was approved, with recruitment expected to begin in April/May 2026.
The Equalities Impact Assessment (EqIA) concluded that the proposed policy has a strong positive equality impact, particularly for groups disproportionately affected by poor-quality private rented housing, such as disabled residents, minority ethnic households, and low-income families. Mitigations include accessible and multilingual communications, proportionate enforcement, officer training, and targeted engagement.
The meeting was scheduled to consider the adoption of the revised Private Sector Housing Enforcement Policy, which details the council's approach to investigations, enforcement options, charging, publicity, and complaints. This policy is grounded in principles of good enforcement and aims to ensure fair and consistent application of housing law. It outlines various enforcement options, including advisory notices, formal notices, financial penalties, works in default, and prosecution, with specific matrices for determining civil penalty amounts. The policy also details the roles of the Private Sector Housing Standards team and the Homelessness Prevention & Advice Service (HPAS) in enforcing the RRA25.
The report also included appendices detailing the RRA preparation tasks progress summary, the Private Sector Housing Enforcement Policy itself, and an Equality Impact Assessment.