29 Tenant Fees Act 2019 (and Associated Legislation) - Financial Penalty Enforcement Policy
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Cabinet Member: Deputy
Leader of the Council
Forward Plan Ref: 2021/005
Contact: Jody Kerman, Head of Trading Standards Tel: 07909 905514
Report by Director Community Safety & Chief Fire Officer and
Assistant Director of Regulatory Services (CA 10).
The report seeks approval of the adoption of a regime
of financial penalties for breaches of relevant legislation. Legislation
governing the activities of lettings agents and other businesses in the property
sector provides for financial penalties as the main formal means of dealing
with non-compliance. The issuing of financial penalty notices to non-complaint
traders in Oxfordshire is therefore the most appropriate response to the
legislation, where informal advice has not resolved the non-compliance.
National guidance would be adopted to ensure that penalties are proportionate,
evidence-based and consistent. Adopting this national guidance as a local
policy requires a cabinet decision.
The Cabinet is RECOMMENDED to approve a
new mechanism for the Trading Standards Service to take action against property agents for breaches
of relevant housing legislation by means of civil financial penalties, as
outlined in the supporting Enforcement Policy (adopted from the model
implemented nationally by the National Trading Standards Estate and Lettings
Agency Team).
Decision:
Recommendation agreed.
Minutes:
Cabinet had before them a report seeking approval of the adoption of a regime of financial penalties for breaches of relevant legislation governing the activities of lettings agents and other businesses in the property sector.
Councillor Judith Heathcoat, Deputy Leader of the Council introduced the contents of the report and moved the recommendations.
RESOLVED: to approve a new mechanism for the Trading Standards Service to take action against property agents for breaches
of relevant housing legislation by means of civil financial penalties, as
outlined in the supporting Enforcement Policy (adopted from the model
implemented nationally by the National Trading Standards Estate and Lettings
Agency Team).