Introduction
This Policy document sets out how the Council will deliver section 249a of The Housing Act 2004 (as implemented by section 126 of the Housing and Planning Act 2016) in order to issue civil penalties as alternative to prosecution.
Section 126 and schedule 9 of the Housing and Planning Act 2016 came into force on the 6 April 2017.
These provisions give the local housing authority the power to issue a financial penalty for certain Housing Act 2004 offences as an alternative to prosecution.
The civil penalties option can be used for the following Housing Act 2004 offences:
- Failure to comply with an improvement notice
- Offences in relation to HMO licensing
- Offences relating to the contravention of an overcrowding notice
- Failure to comply with the HMO management regulations
The council is required to have a policy in place that details when to prosecute and when to consider a civil penalty.
The council must also provide guidance on how the fine levels will be set.
The guidance document issued by MHCLG provides details on the considerations that must be taken into account as part of the fine setting process. It places particular emphasis upon the severity of the offence and the landlord's previous record of offending. A scoring mechanism has been devised to reflect the considerations set out in the MHCLG guidance. This scoring mechanism is set out below.