URL: https://democracy.thanet.gov.uk/ieDecisionDetails.aspx?ID=5568

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: Some of the key provisions of the Renters’ Rights Act 2025 came into force on 01 May 2026, including the ban on no-fault section 21 notices to quit. The new regime will significantly strengthen the council’s ability to protect tenants’ rights. To ensure effective enforcement, a wide range of new civil penalties of up to £40,000 were introduced and some existing provisions were amended. However, before the council can issue any civil penalties under the new powers, statutory guidance requires the council to adopt and publish a civil penalty policy.

Content: Some of the key provisions of the Renters’ Rights Act 2025 came into force on 01 May 2026, including the ban on no-fault section 21 notices to quit. The new regime will significantly strengthen the council’s ability to protect tenants’ rights. To ensure effective enforcement, a wide range of new civil penalties of up to £40,000 were introduced and some existing provisions were amended. However, before the council can issue any civil penalties under the new powers, statutory guidance requires the council to adopt and publish a civil penalty policy. Cabinet agreed the following:   1.  To approve the adoption of the proposed “Policy for civil penalties under the Renters’ Rights Act 2025 and other housing legislation” annexed to this report; and   2.  To delegate authority to the Head of Housing and Planning, in consultation with the Deputy Leader and Portfolio Holder for Housing and Planning, to approve additions and amendments to the policy. The Council is under a statutory duty to consider issuing civil penalties in relation to housing-related breaches and offences. New statutory guidance published following the enactment of the Renters’ Rights Act 2025 amends the suggested approach to imposing the civil penalties already available and provides guidance on the newly introduced breaches and offences. The council’s previous civil penalty policy became redundant on 01 May 2026 and required wholesale renewal.   The Council was therefore under a duty to adopt a new civil penalty policy, which had to have regard to the new statutory guidance. To align with most local housing authorities in England, and to promote consistency, the council decided to adopt the model civil penalty policy published by the Association of Chief Environmental Health Officers (ACHEO). At least 11 of the 13 local housing authorities in Kent are proposing to adopt the same model policy. The option to not adopt a policy is unavailable, owing to the statutory responsibilities of the Council as a local housing authority. The only alternative is for the Council to develop and publish its own civil penalty policy; however, that would promote inconsistency with other councils both regionally and nationally. Furthermore, there appears to be no obvious benefit to creating a unique policy and it would be open to increased scrutiny at tribunal hearings.

Date of Decision: June 2, 2026