Decision Details

Teresa Howarth 
Strategic Lead – Private Sector Housing

teresa.howarth@eastsuffolk.gov.uk 

That Cabinet

1. Adopted the revised Civil Penalty Policy attached as Appendix B to include a new assessment protocol for determining the level of financial penalties.

2. Approved the revision of the Minimum Energy Efficiency Standards Policy detailed in Appendix C to remove the initial, informal approach for resolving Regulatory breaches.

3. Authorised the Head of Housing, in consultation with the Cabinet Member with responsibility for Housing and the Head of Legal and Democratic Services, to amend the Civil Penalty and Minimum Energy Efficiency Standards Policies as required, pursuant to any legislative changes and case law

To allow for minor changes in policy to be adopted without the need for a Cabinet decision and to reflect the fluid state of the law in this area.

To adopt a proportional, transparent and consistent policy for FPNs that minimises the risk of legal challenge following recent Upper Tribunal decisions.

To streamline the MEES policy so that penalties are rightly applied to failing landlords after a prolonged period of support to achieve compliance.

Do nothing – the Financial Penalty policy could remain, and we could deal with challenges to enforcement as they arise, but this is a timely and costly process and there is clear case law suggesting it makes economic and resource sense to amend the policies. Not amending the MEES policy could be seen as unfair to those landlords who have already complied with energy efficiency upgrades.

Adopt a different policy. Justice for tenants are developing a best practice programme at no cost to local authorities, an approach which is endorsed by the Ministry of Housing, Communities and Local Government (MHCLG), and have the expertise and resources to be able to support East Suffolk with processes and cases at no cost. They receive the majority of their funding to support local authorities, from the health charity Impact for Health. The economic and resource argument to work with them is compelling.

Adopt the policy prepared in conjunction with Justice for Tenants which reflects East Suffolk’s circumstances but draws on a wide range of other Councils’ experiences and reflects appeal judgments from the Upper Tribunal.