Private Sector Housing Civil Penalty Policy

1.1 Stockton-on-Tees Borough Council ('the Council') is committed to improving the housing conditions and management standards in privately rented and privately owned properties across the borough.

1.2 Although Stockton has some excellent landlords there are a number of criminal, rogue and irresponsible landlords who knowingly rent out accommodation that is unlicensed, substandard and or unsafe.

1.3 Local Housing Authorities have the power to impose civil penalties (financial penalties) of up to £30,000 on individuals and organisations. Civil Penalties can be imposed as an alternative to prosecution for certain offences under the Housing Act 2004, ("the 2004 Act"), the Housing and Planning Act 2016 ("the 2016 Act") and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 ("the Electrical Regulations").

1.4 The Council has the power to impose a civil penalty of up to a maximum of £30,000 for each separate offence. If multiple offenders have committed the same offence at the same property, a separate civil penalty can, and usually will, be imposed on each offender. In each case, the level of civil penalty imposed on each offender will be in line with this policy.

1.5 This guidance outlines the Council's policy in setting the level of a civil penalty in each case where it has been determined to issue a civil penalty as an alternative to prosecution proceedings.

1.6 The Council considers the need for transparency and consistency in the discharge of its functions under the Housing Act 2004 to be of primary importance. The general objective of this policy is, therefore, to promote both transparency and consistency in the imposition of financial penalties under the 2004 Act so that, for example, those managing and having control of rented properties in the Council (a) know how the Council will generally penalise relevant offences and (b) are assured that, generally, like cases will be penalised similarly, and different cases penalised differently. The further objectives of using financial penalties in particular as a means of enforcing the above offences are explained below.

1.7 The statutory guidance issued by the Department for Communities and Local Government (DCLG), uses the term "Civil Penalty", whilst the applicable legislation uses the term "Financial Penalty". This Policy follows the DCLG guidance in using the term Civil Penalty, however the terms Civil Penalty and Financial Penalty are interchangeable.

1.8 In this policy, the term 'landlord' should be read as including letting agents, managing agents, licensors, property owners, directors of corporate landlords and any other person involved in the letting or management of privately rented accommodation.

1.9 In this policy, the terms 'House of Multiple Occupation' or 'HMO' are defined by the Housing Act 2004.