Issue details

Implementation of enforcement in respect of ‘The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014’ and associated fines regime

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 Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014’;
• 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,
• To authorise the Director of Environment to 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;
• Agreement that a 50% discount is introduced for early payment of any penalty notice issued in respect of the order;
• 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, Parts 6 and 7 of the Consumer Rights Act 2015.

Decision type: Key

Reason Key: 1. Amendment to the Community Plan Outcomes Framework or requires Council to amend the Budget and P;

Decision status: For Determination

Wards affected: (All Wards);

Notice of proposed decision first published: 21/09/2018

Decision due: Not before 22 Oct 2018 by Cabinet Member for Finance and Performance
Reason: Please select date of when decision would be taken.

Lead director: Strategic Director: Neighbourhoods and Growth

Department: Neighbourhoods & Growth

Contact: Nicole Terrieux, Public Protection and Regulatory Service Email: Tel: 020 7926 1234.