Decision
Analysis
outcome: The recommendations were approved by the Cabinet.
summary: The decision at stake is the adoption of the Private Rented Sector and Housing Standards Enforcement Policy to address ongoing challenges in the private rented sector in Sandwell.
topline: The Cabinet has decided to adopt the Private Rented Sector and Housing Standards Enforcement Policy to address challenges in the private rented sector in Sandwell.
reason_contentious: This issue may be contentious as it involves enforcement decisions, penalties, and compliance with housing legislation, which can impact landlords, tenants, and property management companies.
affected_stakeholders: ["Landlords", "Tenants", "Property Management Companies", "Council"]
contentiousness_score: 7
political_party_relevance: There are no mentions or implications of political parties in the decision.
URL: https://sandwell.moderngov.co.uk/ieDecisionDetails.aspx?ID=1195
Decision Maker: Cabinet
Outcome: Recommendations Approved
Is Key Decision?: Yes
Is Callable In?: Yes
Purpose: Approval needed on some of the specific processes following the Renters Rights Act being introduced on May 1st and some accompanying policies.
Content: Reasons for Recommendations The private rented sector played a significant role in meeting housing need in Sandwell, but it also presents ongoing challenges relating to property condition, management standards, tenant rights and compliance with housing legislation. Recent housing reform, including the Renters’ Rights Act, had significantly expanded the Council’s enforcement responsibilities. These included new offences, higher statutory maximum penalties of up to £40,000 for some breaches, and circumstances where enforcement action was mandatory rather than discretionary. In this context, it was essential that the Council could demonstrate that enforcement decisions were made in accordance with statutory guidance, were applied consistently through a clear and transparent methodology, were proportionate to the seriousness of the offence, and could withstand legal scrutiny. Appropriate safeguards, governance arrangements and equality considerations must also be embedded within the decision-making process. The Enforcement Policy therefore provided a structured framework to explain when civil financial penalties would be used as an alternative to prosecution, how penalty levels would be calculated, and the factors that would be taken into account, including aggravating and mitigating circumstances and statutory caps. It also ensured that enforcement activity was undertaken in accordance with the Regulators’ Code, supports effective deterrence of non-compliance, particularly in cases of repeat or deliberate offending, and reduces legal and reputational risk to the Council. Adoption of the policy ensured the Council was appropriately equipped to discharge its statutory enforcement duties and implement new housing legislation in a lawful, transparent and robust manner. Alternative Options Considered Not to adopt a formal Enforcement Policy. This was not recommended, as it would reduce transparency and consistency in decision-making, increase exposure to legal challenge, and weaken the Council’s ability to demonstrate compliance with statutory guidance and its enforcement responsibilities, including those arising from recent legislative reforms. Resolved that approval is given for the adoption of the Private Rented Sector and Housing Standards Enforcement Policy, to provide the formal framework for the Council’s exercise of its statutory housing enforcement powers.
Date of Decision: July 15, 2026