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Private Sector Housing Civil Penalty Policy

2.0 Policy aim


2.1 This Civil Penalty Policy sets out the Council's approach to civil penalties, taking into account the statutory guidance set out by the Government under Schedule 9 of the Housing and Planning Act 2016 and should be read in conjunction with the Enforcement and Regulatory Policy for Private Sector Housing.

2.2 The Council is mindful that despite its best efforts, many landlords may operate unlawfully for a significant period of time without detection, and only a proportion of landlords committing relevant offences will be discovered. The Council is, therefore, mindful that when deciding to impose a Civil Penalty, it should create an environment where it is clear to the offender and others that operating unlawfully as a landlord will be financially disadvantageous when compared to operating lawfully.

2.3 The Council intends to create an environment where landlords engage with the Council's requests and demands fulsomely, openly and honestly. This helps creates a level playing field which supports the aims of transparency and consistency. No landlord should be able to financially benefit from withholding information the Council deems relevant that is, or should be, in their control to disclose. It is expected that fulsome and complete supporting evidence is provided to support any Written Representations received in response to a Notice of Intent.

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