Suffolk landlords to face penalties of up to £30,000 for breaches of housing standards

Any money made will be used by the council to improve regulation of the private sector

Author: Siobhan Middleton, LDRSPublished 8th Mar 2023

Rogue landlords in parts of Suffolk could face fines of up to £30,000 - under new plans to tighten up housing standards.

The policy agreed by both Babergh and Mid Suffolk councils’ cabinets yesterday will allow civil penalties – resulting in financial charges – to be used instead of prosecution for illegal but less serious cases.

Cllr Lavinia Hadingham, Mid Suffolk’s cabinet member for housing, said: “At its heart, this enforcement policy seeks to provide clarity for landlords on what is expected from them and the response they will get.

“Wherever possible, we prefer to work with landlords to resolve problems and improve standards.

“Officers occasionally come across situations where housing conditions are extremely poor and vulnerable people are left with an unacceptable risk to their safety and health.

“It is important that officers have the option to make use of all powers available to them.”

The report considered by the council explains that civil penalties or financial penalties take less time and fewer resources than criminal prosecution.

Civil penalties can only be used where criminal activity has taken place. If this approach is taken, prosecution cannot also be pursued.

£30,000 maximum fine

The maximum financial penalty is £30,000 per offence. Any money made will be used by the council to improve regulation of the private sector.

Cllr David Busby, cabinet member for finance, assets and investments at Babergh District Council, mentioned this action could seem “hypocritical” against the backdrop of problems with the council’s own social housing stock.

In February, it was found some council house tenants across Babergh and Mid Suffolk had been left in potentially unsafe conditions as just under 470 inspections and safety reports were missed.

The councils referred themselves to the regulator once they realised the issues, and they quickly began a programme of work to rectify the problems.

Cllr John Ward, leader of Babergh District Council, said: “This is not a way of diverting attention away from the work we need to do on our own houses.

“The private rented sector represents a significant proportion of the housing stock in the district, and we need to make sure the homes in that sector are of good quality.”

The introduction of civil penalties is enabled by the 2016 amendment to the Housing Act 2004, allowed local authorities to impose a financial penalty of up to £30,000 per offence as an alternative to prosecution for certain offences.

These offences are: failure to comply with an improvement notice; failure to licence a House in Multiple Occupation (HMO); failure to comply with licensing conditions; failure to comply with an overcrowding notice; failure to comply with management regulations in respect of a HMO, and breaching a banning order.

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