Private Sector Housing Civil Penalty Policy

4.1 Stockton-on-Tees Borough Council will continue to take robust action against those landlords that flout the law and will ensure that its use of civil penalties is consistent, appropriate, proportionate and fair.

4.2 Civil penalties can only be used as an alternative to prosecution. This means that if a Civil Penalty has already been imposed an offender cannot be prosecuted for the same offence. Likewise, a person who has been (or is being) prosecuted for a particular offence cannot be issued with a Civil Penalty for the same offence.

4.3 Although only one Civil Penalty can be issued (as an alternative to prosecution) for each of the first 4 offences listed in paragraph 3.1, a Civil Penalty can be issued for each separate breach of the HMO Management Regulations.

4.4 Where the Council is in a position to prosecute an agent and landlord for failing to obtain a licence for a licensable property, it has the option of imposing a Civil Penalty on the agent and the landlord as an alternative to prosecution.

4.5 The Council can impose a Civil Penalty on both an agent and landlord where both have committed the same offence, as an alternative to prosecution. The level of Civil Penalty imposed on each offender may differ, depending on the circumstances.

4.6 Further information about the Private Sector Housing team's main functions to enforce and regulate relevant legislation can be found in the Enforcement and Regulatory Policy for Private Sector Housing.

4.7 The same criminal standard of proof is required for a Civil Penalty as for prosecution. This means that, before taking formal action, the Council needs to satisfy itself that, if the case were to be prosecuted in the Magistrates' Court, there would be a realistic prospect of conviction.