Private Sector Housing Civil Penalty Policy

Housing

3.1 Section 126 and Schedule 9 of the Housing and Planning Act 2016 provided local authorities with the power, through the insertion of section 249A, Housing Act 2004, to impose a Civil Penalty as an alternative to prosecution in respect of the following offences under the Housing Act 2004.

• Section 30 - failure to comply with an Improvement Notice
• Section 72 - offences in relation to licensing of Houses in Multiple Occupation (HMOs)
• Section 95 - offences in relation to licensing of housing under Part 3 of the Act
• Section 139 - offences of contravention of an overcrowding notice
• Section 234 - failure to comply with management regulations in respect of HMOs

3.2 In addition under section 23 of the Housing and Planning Act 2016 provides that a civil penalty maybe imposed in respect of a breach of a Banning Order.

Electrical Safety Standards

3.3 On 1 June 2020, the Electrical Safety Standards in The Private Rented Sector (England) Regulations 2020 came into force for new tenancies and since 1 April 2021 for existing tenancies, providing under Regulation 11, local authorities with the power to issue civil penalties up to a maximum of £30,000 in respect of breaches of Regulation 3 (failing to meet any duty as a private landlord) of the Electrical Safety Standards in The Private Rented Sector (England) Regulations 2020.