Issue details

Authorisation from Cabinet (or from the relevant Cabinet Member under the Delegated Decision process) is required for:
• The implementation and enforcement of non-compliance with the relevant legislation under the Consumer Rights Act 2015 as it applies to ‘Letting Agents & Property Management Businesses – Duty of Letting Agents to Publicise Fees’, including the issuing of penalties/ fines;
• The delegation of this responsibility to the Director of Environment, with day to day enforcement undertaken by officers in the Trading Standards team in accordance with the existing authorisations in the Council’s constitution;
• The setting of the monetary penalty for non-compliance at the statutory maximum of £5,000;
• Agreement that the Director of Environment can reduce the level of monetary penalty to be imposed at his discretion in a case where representations are received, if there are extenuating or good reasons for doing so;
• Agreement that the Director of Environment can delegate the day to day responsibility for determining the level of monetary penalty to the Consumer Protection Manager in cases where representations are received in respect of non-compliance with the Order if there are extenuating or good reasons for doing so;
• Amendment to the in-year and subsequent years’ fees and charges regime in the Council’s Budget and Policy Framework
The Council has a legal duty to enforce the requirements of Chapter 3, Part 3 of the Consumer Rights Act 2015.