URL: https://committeeadmin.lancaster.gov.uk/ieDecisionDetails.aspx?ID=1623

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: (Cabinet Member with Special Responsibility Councillor Caroline Jackson)   Cabinet received a report from the Chief Officer Housing & Property to update the Council’s policies to reflect the legislative changes introduced by the Renters’ Rights Act 2025 ahead of its implementation on 1st May 2026.     The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:     Option 1: To consider and adopt the Housing Standards Enforcement Policy and the Civil Financial Penalty Policy to take effect from 1st May 2026. Option 2: To retain existing policies with minor amendments only  Advantages Ensures the Council can meet its statutory duties under the Renters’ Rights Act 2025.   Provides a clear and consistent framework for enforcement decision making.   Reduces the risk of legal challenge.   Ensures the intended tenant protections are implemented None Disadvantages None Policies will not adequately reflect the new legislation   Reduced clarity for officers, landlord and tenants     Risks None Risk of inconsistency across England   Increased likelihood of legal challenge   Reputational risk for not effectively implementing the Renters’ Rights Act   Option 1 is recommended as it provides the most robust, legally compliant, and consistent approach to enforcement under the Renters’ Rights Act, while allowing for managed transition and alignment with national best practice.   Councillor Peter Jackson proposed, seconded by Councillor Riches:-   “That the recommendation, as set out in the report, be approved.”     Councillors then voted:-   Resolved unanimously:   (1)                    That the Housing Standards Enforcement Policy (Appendix A to the report) be adopted and authority to make necessary amendments to ensure compliance with any changes in legislation, policy or good practice be delegated to the Chief Officer (Housing and Property) in consultation with the Cabinet Member for Housing. (2)                    That  the Housing Standards Civil Financial Penalty Policy (Appendix B to the report ) be adopted and  authority to make necessary amendments to ensure compliance with any changes in legislation, policy or good practice be delegated  to the Chief Officer (Housing and Property) in consultation with the Cabinet Member for Housing (3)                    That authority be delegated  to the Chief Officer (Housing and Property), in consultation with the Chief Officer (Finance) and the Cabinet Member for Housing to approve a Debt Recovery Policy. (4)                    That  any necessary Constitutional changes needed to the Scheme of Delegation be delegated to the Monitoring Officer.   Officer responsible for effecting the decision:   Chief Officer Housing & Property   Reasons for making the decision:   The updated Housing Standards Enforcement Policy and Civil Financial Penalty Policy ensure the Council is fully prepared to meet the requirements of the Renters’ Rights Act 2025 when it comes into force on 1st May 2026. These policies provide a clear, consistent and defensible framework for decision making, strengthen protections for tenants and support a fair approach to enforcement. Adopting the nationally recognised model policies will promote consistency across local authorities, reduce the risk of challenge, and enhance the Councils’ ability to effectively regulate the private rented sector.     The decision is consistent with the Council Plan/priorities – Wellbeing and social equity - Addressing housing needs, reducing inequalities, and ensuring access to safe, clean, and engaging public spaces.      

Date of Decision: April 7, 2026