URL: https://democracy.darlington.gov.uk/ieDecisionDetails.aspx?ID=1990

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: The Cabinet Member with the Stronger Communities Portfolio introduced the report of the Executive Director of Economy and Public Protection to seek approval for powers to impose a civil penalty up to £40k under the Renters’ Right Act 2025 to be adopted as an additional means of enforcement to improve standards in the private rented housing sector, where private sector landlords do not take steps to improve housing condition standards or housing management.   The report explained that to enable the Council to introduce powers, a policy had been developed, this would utilise the best practice from other local authorities. The ‘Civil Financial Penalty Policy 2026’ updated the policy previously adopted by Cabinet on 13 June 2023. To reflect these changes a ‘Housing Authority Enforcement Policy 2026’ had been written, this will supersede the ‘Private Sector Housing Enforcement Policy 2023’ previously adopted by Cabinet on 13 June 2023.   It was clarified that the Renters Right Act 2025, referred to as “The 2025 Act” was introduced to give private renters much greater security and stability so they can stay longer in their homes and avoid the risk of homelessness. It was expected that to further strengthen the current enforcement options of the Local Authority and that of the tenants in the Private Rented Sector (PRS).   It was confirmed that the main provisions within the 2025 Act are to reform tenancies, providing additional protection to both tenants and landlords. It created a landlord redress scheme and a landlord’s registration scheme, a decent homes standard for the first time in the rented sector and strengthened enforcement powers available to local authorities to enforce these provisions.   RESOLVED- It is recommended that:   a)      Approves the use of the Renters’ Rights Act 2025 and associated legislation referred to as landlord legislation within the 2025 Act as an additional means of enforcement to improve standards in the private rented housing sector. b)      approves the use of enforcement powers contained with the 2025 Act and approve the following: • ‘Housing Authority Enforcement Policy 2026’ to reflect these new powers (Appendix 1) and • the ‘Civil Financial Penalty Policy 2026’ (Appendix 2) that has been produced to detail how the Council will use the new powers and the level of penalties. c)      Authorises the Director of Economy and Public Protection, in consultation with the Portfolio Holders for Health and Housing and Stronger Communities and the Assistant Director Law and Governance, to develop, implement and further amend the Council’s detailed Policy and Procedure in respect of the imposition of Civil Penalties relating to Housing. Such policy to be in accordance with any guidance issued by the Secretary of State.   REASON  - a)      The recommendation is supported to improve the standards of domestic private rented properties; ensuring homes are of a certain standard. b)      To update current enforcement powers available. c)      The adoption of the new powers should mean that landlords comply more quickly and/or proactively to avoid financial and other penalties, which should result in fewer private tenants being exposed to housing conditions that have an adverse health impact. d) Enable more effective and efficient action to be taken to address contraventions that impact negatively on tenants.

Date of Decision: April 7, 2026