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Issue

Issue - meetings

Changes to the enforcement policy

Meeting: 03/07/2018 - Cabinet Member for Housing (Item 13)

13 Proposed changes to the enforcement policy used by Private Sector Housing pdf icon PDF 92 KB

The purpose of the report by the Director of Housing, Neighbourhoods and Building Services is to propose changes to the current private sector housing enforcement policy so that council officers are better placed to deal the detrimental impacts that the build-up of rubbish on private properties can have on the local area.

 

RECOMMENDED that the Cabinet Member for Housing approves the changes to the Enforcement Policy and fixed penalty charges under Section 249A Housing Act 2004.

Additional documents:

Decision:

 

The Cabinet Member for Housing:

(1)  Approved the changes to the Enforcement Policy and fixed penalty charges under Section 249A Housing Act 2004

(2)  Requested that a review of the effectiveness of the revised policy be brought back for consideration by the end of 2019.

Minutes:

Deputations were made, which are recorded as part of the web-cast of this meeting which can be viewed here (so are not minuted in full):

 

https://livestream.com/accounts/14063785/Cabinet-Housing-03Jul2018

 

i)             Alwin Oliver, as a landlord and letting agent

ii)            Martin Silman, Chairman of the Portsmouth & District Private Landlords Association

Both deputations were making objections to some elements of the policy, especially the onus on the landlords being fined rather than tenants who left waste, and asked that there be clear publicity on the changes and responsibilities.

 

Bruce Lomax, Private Sector Housing Manager, presented his report which set out the changes in legislation since the previous policy of 2007, and it was now permissible for civil penalties to be imposed on the tenant or landlord.  The manager of a property has the duty to keep it in a clean condition and provide suitable storage receptacles for waste. There is also a duty on the occupant who can be fined for breaching management regulations.

 

Councillor Stubbs stressed the importance of making the lines of responsibility clear to tenants of Houses in Multiple Occupation (HMOs) and suggested there be a review to see how the changes to the policy were working after a year of operation.

 

In response to questions from Councillor Sanders, Bruce Lomax reported that this legislation only covered HMOs and not private home owners and that Portsmouth City Council (PCC) would give landlords 3 days' notice to remove litter before action was taken against them.  Councillor Sanders was mindful that the number of complaints about waste accumulating in the forecourts of HMOs had been increasing (as set out in the table at 4.5 of the report).  He also recognised the request by the landlords in their deputations for there to be clarity on the PCC website about what is expected for waste management at HMOs.

 

Paul Fielding, Assistant Director Housing, reported on the wider waste management policies with the trialling of wheelie bins for waste rather than bags being left out, and HMOs were being advised of the appropriate types of bins for forecourts. Councillor Sanders further reported that following the wheelie bin trial the capacity allowance had been increased and bin collections would be kept weekly.

 

Councillor Sanders invited comments from the Residents Consortium and CLG representatives Maria Cole, Richard Blackwood and Mada Abrams who welcomed the steps being taken to address the problem of rubbish accumulating at HMO properties.

 

A written deputation had been received from Dr Eleanor Scott (who apologised for not being able to attend the meeting) who he had met with to discuss issues, some of which were on-going regarding transparency, and her submission was in support of the proposals and he read parts of her deputation regarding her experiences of living near an HMO in Fratton.

 

Councillor Sanders was in support of the proposals which would help make the city cleaner and agreed with the points made on the need to educate tenants, so there would be close liaison with HMO owners, tenants and the University of  ...  view the full minutes text for item 13