Issue - meetings

As a consequence of the implementation timeline for the Renters Rights Act, it is necessary to adopt a revised Civil Penalty Policy to take into account the new offences which have been created.

Following consideration, the Committee unanimously resolved to:

(1)      Approve and adopt the revised policy as set out in appendix 1 to the report, with effect from 1 May 2026.

(2)      Nominate and Authorise the Head of Housing and Community, in consultation with the Chair of the Community and Wellbeing Committee to make future amendments to the policy arising from changes to legislation, guidance and case precedents being set.

(3)      Nominate and Authorise the Head of Housing and Community, Public Protection Manager, Principal Environmental Health Officer and Environmental Health Officers to determine individual financial penalties in accordance with this, and any future revisions of the policy.

The Committee received a report recommending adoption of a revised Civil Penalty Policy to take into account the new offences which have been created as a consequence of the implementation timeline for the Renters Rights Act.

The Committee considered the following matters:

a)            Responding to Complaints. In response to a question from a Member, the Public Protection Manager explained that cases would be dealt with as priority required – he stated that cases involving a risk to health in particular would be considered as high priority. He stated that it could not be confidently predicted as to the degree of extra work that the new policy would create. He explained that the Council currently received c.100 complaints annually relating to the private rented sector. 

b)            Landlords’ Awareness. A Member queried how landlords will be made aware of the changes in law connected with the Renters’ Rights Act. The Public Protection Manager stated that many landlords will have agents that will be able to advise them. He stated that the Government was also working on a publicity campaign for landlords and tenants, which was due for release soon. He explained that a Surrey-wide online landlords forum was due to be held on 11^th March at which specialists would be present to provide information and advice. He stated that ultimately the responsibility is on landlords to make sure they are educated on all the relevant legislation and policies, but that the Council is able to provide assistance where appropriate.

c)            Pets Ownership. In response to a question from a Member, the Public Protection Manager stated that, under the Renters’ Rights Act, landlords cannot unreasonably withhold permission for a tenant to be in possession of a pet, and now need to have clear and defensible reasons as to why a tenant within their property cannot have one. It was noted that for single homeless persons in particular, pet ownership can be a great benefit to mental health and wellbeing.

d)            Effective Date of New Policy. In response to a question from a Member, the Public Protection Manager stated that the new policy would become effective as of 1^st May. He explained that the current policy would still be retained for a period owing to active appeals in relation to the current policy. 

Following consideration, the Committee unanimously resolved to:

(1)      Approve and adopt the revised policy as set out in appendix 1 to the report, with effect from 1 May 2026.

(2)      Nominate and Authorise the Head of Housing and Community, in consultation with the Chair of the Community and Wellbeing Committee to make future amendments to the policy arising from changes to legislation, guidance and case precedents being set.

(3)      Nominate and Authorise the Head of Housing and Community, Public Protection Manager, Principal Environmental Health Officer and Environmental Health Officers to determine individual financial penalties in accordance with this, and any future revisions of the policy.