URL: https://democracy.lichfielddc.gov.uk/ieDecisionDetails.aspx?ID=838

Decision Maker: Cabinet Member Decision

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: To approve the approach to be taken to implement the requirements of the Renters Rights Act 2025.

Content: To approve the approach to be taken to implement the requirements of the Renters Rights Act 2025. The Cabinet Member amended the existing Environment & Community Protection Enforcement Policy and approve updated Housing Enforcement and Civil Penalties Policies detailed below: ·       The Housing Enforcement Policy at APPENDIX A and this Policy be appended to the Enforcement policy in consultation with the Chair of Regulation and Licensing Committee. ·       The Civil Penalties Policy at APPENDIX B (penalties will be based on the calculator provided by Justice for tenants) and that all income is reinvested in private sector enforcement functions.   Noted that the Cabinet Member for Community and Public Protection in consultation with the Environment and Community Protection Manager is authorised to make minor changes to the Civil Penalties and Housing Enforcement Policies. The Renters Rights Act 2025 obtained Royal Assent on the 27 October 2025 with reforms being introduced through a phased approach with a new investigatory power being implemented from 27 December 2025 and phase 1 commenced on 1 May 2026.     The Act introduces significant reform of the private rented sector with the aim of improving security, fairness and standards for private tenants whilst strengthening enforcement powers for local authorities.   The estimated private rental sector in Lichfield District is 6,363 using Ministry of Housing, Communities and Local Government Live Tables on Housing Stock. The new legislation brings in a duty to enforce, however the option to issue a civil penalty was introduced by the Housing and Planning Act in 2016. The Council previously had a ‘Private Sector Housing Civil Penalties Enforcement Policy’ as part of the 2020 Enforcement Policy, this was based on the ‘Nottingham Model’. There was also a ‘Bristol Model’ available at the time. Alternative civil penalty calculators are therefore available; however, it became apparent from Housing Tribunals, where Councils lost, that some areas needed tweaking. Justice for Tenants, who are a non profit organisation providing free advice, support and training for Local Authorities and have used specialist legal advisors. Their model takes account of tribunal results (in effect, case law for Civil Penalties) and the Renters Rights Act etc. There are alternatives however there are well over 200 Local Authorities signed up to Justice for Tenants model and there is safety in their expertise as well as ongoing feedback from LAs that are using their model. Whilst the maximum fines are detailed in the legislation, we are recommending in the Council’s policy an increase in the early payment discount from 15% to 30%.

Date of Decision: June 16, 2026