Agenda item

(a)  That the implementation and enforcement of The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014 be delegated to trading standards via the Service Lead for Regulatory Services.

(b)  That it be noted that the day to day enforcement of the Order would be undertaken by officers in the Trading Standards Service in accordance with the existing similar authorisations in the Council’s constitution.

(c)  That the monetary penalty for non-compliance with the Order be set at the maximum sum of £5,000 in line with the recommendations of the Department of Communities and Local Government (DCLG) guidance.

(d)  That the Service Lead for Regulatory Services be authorised to make amendments to the amount of the monetary penalty, in accordance with the guidance where the enforcement authority is satisfied that there are extenuating circumstances taking into account any representations made by the lettings agent or property manager during the 28 day period, following the authority’s notice of intention to issue a fine.

The Lead Member for Regulation & Consumer Protection introduced a report that sought approval to make arrangements for the enforcement of the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.

The regulations would make it a legal requirement for all letting agents and property management operators to join one of three Government approved schemes and the Cabinet was asked to give delegated authority to trading standards officers to issue fixed penalty notices up to the maximum of £5,000 for non-compliance.  The scheme would provide a proper channel for complaints to an independent body about the service they had received.

The Cabinet welcomed the action was being taken given some of the problems in Slough’s private rented sector, although it was noted that all Slough letting agents and property management companies currently on the Council’s records were members.  Enforcement of the Order would provide an additional tool to the Council to support the effective regulation of the sector.

At the conclusion of the discussion, the Cabinet agreed the recommendations to delegate enforcement of the Order to officers.

Resolved –

(a)  That the implementation and enforcement of The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014 be delegated to trading standards via the Service Lead for Regulatory Services.

(b)  That it be noted that the day to day enforcement of the Order would be undertaken by officers in the Trading Standards Service in accordance with the existing similar authorisations in the Council’s constitution.

(c)  That the monetary penalty for non-compliance with the Order be set at the maximum sum of £5,000 in line with the recommendations of the Department of Communities and Local Government (DCLG) guidance.

(d)  That the Service Lead for Regulatory Services be authorised to make amendments to the amount of the monetary penalty, in accordance with the guidance where the enforcement authority is satisfied that there are extenuating circumstances taking into account any representations made by the lettings agent or property manager during the 28 day period, following the authority’s notice of intention to issue a fine.