Private sector housing enforcement

Housing enforcement

The Homes (Fitness for Habitation) Act 2018

If necessary repairs are not undertaken you may be open to action by the tenant under The Homes (Fitness for Habitation) Act 2018 which amends the Landlord and Tenant Act 1985, adding implied terms to tenancy agreements concerning the condition of the let property.

The implied terms give the tenant the right to bring a claim for any failure of the landlord to keep the property fit for habitation. The property must be fit at the start of the lease and remain fit during the term of the lease.

The tenant can bring a claim in the county court. The court can order works to be completed and may award a damages payment to the tenant.

Local authorities are still to be able to use their enforcement powers if a tenant in the private rented sector seeks redress under the act.

Housing Standards Civil Sanctions Policy

A staged approach is taken to enforcement wherever possible to ensure solutions are initially sought through advice, cooperation and agreement. However, where this is not successful there will be cases where formal action is necessary and this may ultimately lead to prosecution or other summary action. Prosecution incurs a real cost to the council. Fines are usually small and these are not allocated to the local authority.

The Housing and Planning Act 2016 provides local housing authorities an alternative enforcement option for non-compliance with certain Housing Act 2004 offences rather than taking a prosecution in court. This is with a Civil Penalty Fine. The provisions do not replace the option for prosecution, and it is expected that a prosecution would still be taken in the most serious of cases or for repeat offenders. West Suffolk has a Civil Sanctions Policy which sets out the framework within which decisions will normally be made with regard to issuing civil penalties and to applying for a Rent Repayment Order in relevant cases. Each case will be dealt with on its own merits, having regard to its particular circumstances. This policy is supplementary to the council’s overarching Enforcement Policy. You can also view the Civil Penalty Guidance published by the Government.

Other useful documents and guidance

• HHSRS Enforcement Guidance - Housing health and safety rating system (HHSRS)
• West Suffolk Council Corporate Enforcement Policy