URL: https://reigate-banstead.moderngov.co.uk/ieDecisionDetails.aspx?ID=1237

Decision Maker: Leader of the Council

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: The report seeks the approval and adoption of new policies and updated delegated authority arrangements arising from the provisions of the Renters Rights Act 2025, under the Strong Leader Decision process. This includes updates to the Housing Enforcement Policy, creation of a new standalone Civil Financial Penalties Policy and creation of a new Debt Recovery Policy.

Content: (i)             That the Housing Enforcement Policy provided as Annex 1 be approved.   (ii)           That the Civil Financial Penalties Policy provided as Annex 2 be approved.   (iii)         That the Environmental Health Debt Recovery Policy provided as Annex 3 be approved.   (iv)         That additions and revisions to the Officer Scheme of Delegation contained within the Council’s Constitution be approved, as set out in Annex 4 in relation to Section 5 (Housing and other Residential Accommodation).   The Housing Enforcement Policy has been updated to align to the new legislative framework introduced by the Renters Rights Act 2025 (‘RRA’25’), including a significantly expanded civil financial penalty framework, new investigatory powers and new duties on the Council to enforce a broader range of landlord obligations. The Civil Financial Penalties Policy is changed from being an appendix to the Housing Enforcement Policy, to becoming a new standalone policy. This is in line with recommended practice and to facilitate regular updates and to reflect the new offences and changes in maximum fine levels. The new Debt Recovery Policy has been created to underpin the effective use of civil financial penalties, to clearly set out expectations on how the Council will approach the collection of monies owed arising from its Environmental Health functions. The Officer Scheme of Delegation needs to be kept up-to-date and for that purpose it is necessary to add the newly introduced legislation to ensure that all necessary enforcement powers available under the legislation can be utilised, and to ensure that the new policies can be effectively updated as operational need arises. The following options may be considered:   a) Agree the recommendations to adopt the revised Housing Enforcement Policy, Civil Financial Penalty Policy and Debt Recovery Policy and to add the items outlined above to the Council’s Scheme of Delegation, as set out in the Annexes.  This is the recommended option. b) Make amendments to the Annexes and then agree the recommendations as set out in the revised Annexes. c) Do not agree the recommendations.  This will significantly hinder the Council’s    ability to utilise the new provisions, as set out below, and is therefore not recommended.  

Date of Decision: April 29, 2026