Private Sector Housing Enforcement Policy 2024

1.1 Wiltshire Council is committed to improving standards in private rented sector  housing, ensuring accommodation is well managed, properly maintained, safe and habitable.

1.2 Authorised officers (officers) within the private sector housing Team have both duties and discretionary powers to take enforcement action, using a range of legislation to address issues arising at privately owned accommodation and mobile home sites.

1.3 There are a number of challenges that face the Private Sector Housing team as a result of the profile of the district and obligations placed upon it by Central Government. The main challenge is the number of properties that fall within the private sector that are considered to be in poor repair, non-decent and have serious hazards. It is the responsibility of the Private Sector Housing team to respond to these issues and facilitate improvements in the sector by use of education, enforcement and where possible, financial assistance.

1.4 This Policy provides an overview of the broad principles and processes which the Council will seek to follow in considering and taking action. The Enforcement Policy will ensure a consistent approach among Council Officers and members of the public can be clear in what to expect from the Council.

2.1 The principal piece of legislation used by the Private Sector Housing team is the GOV.UK: Housing Act 2004 (opens new window) (referred to as "the Act"). However, there are circumstances where other pieces of legislation may be more appropriate in dealing with the identified problem. Officers are expected to use professional judgement to determine the most appropriate piece of legislation to use. In some cases it may be appropriate to use a range of enforcement tools. Housing Act 2004 and GOV.UK: The Housing Health and Safety Rating System (England) Regulations 2005 (opens new window).

2.2 Where the Private Sector Housing team has reason to enter a property, we will inspect the whole property using the housing health and safety rating system (HHSRS). This system has been adopted by regulations, as set out in Part 1 of the Act, as the prescribed methodology for identifying defects and assessing the likelihood of a harm outcome occurring as a result of the defects. The aim is to identify deficiencies within dwellings that may lead to a hazard. Each hazard is assessed and assigned a band. These bands are translated into either a category one or a category two hazard.

Category 1 Hazards (bands A, B and C) represent a serious danger to health. The Act places a mandatory duty on the Council to take action where a category 1 hazard has been identified and to require the risk of harm posed by the category 1 hazard(s) to be reduced.

Category 2 Hazards (bands D, E, F, G, H, I and J) represent a lesser danger to health. The Council have a power to deal with category 2 hazards to require the reduction of the hazard.

2.3 In the great majority of cases the Council will take enforcement action where Category 1 Hazards have been identified, in accordance with its duty.

2.4 Where category 2 hazards are identified alongside category 1 hazards, where a high category 2 hazard (band D) is identified or where there are multiple category 2 hazards indicating poor housing conditions the more likely that formal enforcement action will be taken.

2.5 Formal Notices

2.5.1 Formal notices under The Housing Act formally bring the issues identified to the attention of owners, agents and occupiers. The service of such notice places a legal obligation on those who the notice is served to carry out works that will be specified within the notice. Failure to comply with any or all parts of the notice is an offence and could result in further formal actions highlighted in this document. The following notices are available under the Housing Act 2004:

• Hazard Awareness Notices 
• Improvement Notices 
• Suspended Improvement Notices
• Prohibition Orders 
• Suspended Prohibition Orders
• Emergency Remedial Action 
• Emergency Prohibition Order 
• Demolition Order 
• Clearance Area 

2.5.2 The following tools are also available where the Housing Act 2004 measures are not appropriate, or do not sufficiently deal with the problem:

• Environmental Protection Act 1990, section 80
  • Notices can be served if the officer is of the opinion that there is a statutory nuisance at the premises. The premises must be deemed prejudicial to health or a nuisance.
• Building Act 1984 
  • section 59/60 - Used to deal with unsatisfactory provision of or defective drainage issues in existing buildings.
  • section 64/65 - Used where sanitary conveniences are insufficient or in need of replacement and are considered prejudicial to health or a nuisance.
  • section 76 - Used where the property is so defective so as to be prejudicial to health. This notice notifies the person responsible of the local authority's intention to remedy the problem (similar to work in default).
• Public Health Act 1936 
  • section 45 - Used where there are defective sanitary conveniences due to their repair and/or cleansing ability. They must be in such a state as to be prejudicial to health or a nuisance.
  • section 17 - Where any drain, private sewer, water closet, waste pipe or soil pipe has not been maintained.
• Local Government (Miscellaneous Provisions) Act 1976 
  • section 33 - Used where services such as the water supply are due to be, or have been, cut off to a domestic property.
  • section 35 - Used where a private sewer is obstructed
  • section 16 - Used to formally request information about premises or a person.
• Local Government (Miscellaneous Provisions) Act 1982 
  • Section 29 - Used to secure empty buildings that are not effectively secured against unauthorised entry.
• Prevention of Damage by Pests Act 1949
  • section 4 - Used where there is evidence of or harbourage of rats or mice at a property.
• Housing Act 1985 (as amended)
  • Some provisions within the 1985 Act have not been revoked and may be appropriate to use in some circumstances. In particular the overcrowding provisions are still available and can be used where the 2004 Act is not sufficient.
• Police and Criminal Evidence Act 1984, Criminal Procedures and Investigation Act 1996, Regulation of Investigatory Powers Act 2000 
  • used in relation to interviews under caution, prosecution and gathering evidence.

3.1 The aim of the Private Sector Housing team is to improve the housing conditions in the private sector by use of advice and education and where possible financial assistance. However, there are occasions where these methods are not proportional to the hazards identified, or the Council have a duty to take action and therefore, it is necessary to consider enforcement action.

3.2 In doing so, officers will be expected to follow the principles of the Enforcement Concordat, which encourages openness, proportionality and consistency. In order to achieve this, Officers will be expected to be transparent in the way they have made decisions by keeping clear records and file notes. All remedial work that is required must be sufficient to remove any risks but not so excessive as to be burdensome. Officers must ensure they have consideration of this policy in any decision-making.

3.3 Decision to take enforcement action

3.3.1 Enforcement action will be based on risk. Assessment of risk will be based on current legislation and specific guidance. An inspection of a property must be carried out along with a HHSRS assessment to determine if there are category 1 or category 2 hazards within the property. Having made this assessment and dependent on the problems within the property consideration will be given to the most appropriate course of action to reduce the hazards to an acceptable level.

3.3.2 The most appropriate legislation must be identified for dealing with the hazard. Only where the Housing Act 2004 is not appropriate should other legislation be considered. 

3.3.3 Officers are required to make informed judgements and will be suitably trained for this responsibility they will decide on the most appropriate action with consideration of this Policy, guidance documents and any other relevant documentation.

3.3.4 A Statement of Reasons will be provided with any notice served, explaining why the Council has decided to take a particular course of action rather than any other kind of enforcement action.

3.3.5 Where category 2 defects are identified regard must also be had to other schemes that are available to assist with housing repairs. Tenants, homeowners and landlords may be able to access a number of grants and loan schemes, which may negate the need for formal action to be taken.

3.3.6 Where there are only category 2 hazards consideration must be given to the overall effect of the multiple hazards and whether they are indicative of a rundown property.

3.3.7 Enforcement action on owner occupiers and long leaseholders will be based on the health and safety risk to the occupants or other affected persons. However, action will not be taken where a more appropriate contractual remedy exists. Where an inspection and subsequent HHSRS assessment identifies a significant hazard(s), in the great majority of cases a hazard awareness notice will be served unless the Council is confident that the hazard will be removed or reduced to an acceptable level by other means.

3.3.8 Where a significant hazard is identified which requires attention, and the person responsible for the property is unable to carry out the recommended works because of financial hardship, they will be made aware of appropriate financial assistance options available to them from the Council.

3.3.9 Where the conditions at one property causes a health and safety hazard or statutory nuisance to the occupants of another property, or the general public, or others persons who might reasonably be expected to visit the property enforcement action will be considered regardless of property tenure.

3.3.10 The Council may use enforcement action to encourage owners of empty properties to bring them back into use.

4.1 The Housing Act 2004 and subsequent HHSRS regulations 2005 have identified a number of hazard categories that have been found within the home. There are 29 hazards that arise from disrepair, lack of maintenance or poor design. The health effects from these hazards range from death to mental stress and the HHSRS provides the opportunity to compare unrelated hazards such as fire with other hazards such as damp and mould growth. This is done through the calculation of a hazard score. The higher the score is the higher the risk posed by the hazard.

4.2 This enforcement policy sets the following prioritisation scheme for dealing with hazards (see table one). This will be subject to regular review. The principal behind this is detailed below. 

• All category 1 hazards will be dealt with as a priority over category 2 hazards. 
• Where there are multiple category 1 hazards, those with the highest scores will be a priority over the lower scores. 
• Where there are category 2 hazards, the higher scored category 2 hazards will be dealt with first, unless target hazards have been identified in the property.
• Where an officer has identified deficiencies and felt it necessary to hazard-rate them, even if the result is a low category 2 hazard, the officer must consider at the very least offering advice, or serving a hazard awareness notice. Where the hazard is a target hazard, any necessary remedial works should be considered. 

4.3 When a complaint is received an officer will prioritise the complaint based on the information provided by the complainant. Where insufficient information has been provided the complainant should be contacted within 5 working days in order to gain the appropriate information to prioritise the complaint.

4.4 Using professional judgment and knowledge of the HHSRS the assigned officer will prioritise the complaint as a P1, P2, P3 or P4. Complaints classed as P1 require an immediate response as these are considered an emergency. P1 classifications are likely to be very rare. P2 complaints are those that are suspected to be category 1 hazards. These should be responded to within 10 working days. P3 complaints should be responded to within 1 month and P4 complaints within 3 months. 

4.5 In times of high service demand it may not be possible to adhere to these timescales. The complainant should be kept informed as to the potential waiting time and it may be necessary for Private Sector Housing Manager to implement the measure in paragraph 4.6. 

4.6 Where high volumes of work are experienced it is likely that P3 and P4 cases will be kept on a waiting list. In some cases the Private Sector Housing Manager may make the decision that certain cases will not be dealt with by Private Sector Housing. Where possible these cases will be forwarded to alternative schemes for assistance or encouraged to take their own action using provisions under the Environmental Protection Act 1990 or the Landlord and Tenant Act 1985. 

5.1 As a minimum, category 1 hazards must be reduced to a low category 2. 

5.2 Where this is not possible all reasonable steps must be taken to reduce the hazards as far as reasonably practicable. In some cases, such as listed buildings, category 1 hazards may remain. This scenario should have been considered when deciding which course of action is most appropriate and may influence the officer's decision as to which type of enforcement action to take.

5.3 Target hazards should be improved to the ideal where this is possible and reasonable to do so. 

5.4 When deciding on the remedial works, regard must be had to the seriousness of the hazard, the ideal that the property should achieve, and the level of work required that is reasonable to reduce the hazard significantly without incurring excessive cost.

5.5 For the hazard of fire, where the property is an HMO, section 10 of the Housing Act 2004 states that the LHA must consult with the Fire Authority before taking any action and deciding on the remedial works. A Memorandum of Understanding has been developed to ensure that this process does not become burdensome to both parties. 

6.1 Notices will be placed on the local land charges register.

7.1 The Housing Act allows charges to be made for certain enforcement notices under section 49 of The Housing Act 2004. In line with the relevant legislation the Council will issue a charge following the service of these notice(s). The charge will be for the Council's costs in taking such action. The charge will take into account the Officers time taken to prepare the formal notices including all administrative costs.

7.2 A charge can be placed as a local land charge on the property of which it relates. This is recorded in the register of local land charges maintained by HM Land Registry. This register is normally searched during a property sale by purchasers.

8.1 Where an enforcement notice is served it must contain detail on the appeal procedure for the action being taken.

8.2 The person served with the notice/order has the right to appeal against the notice/order on any grounds. The main reasons for appeal are likely to be the contents of the notice/order and the schedule of work. Appeals can also be made on the grounds that the notice/order was not served on the correct person, or that a different course of action would be more appropriate. 

8.3 Appeals are made to the Residential Property Tribunal (RPT). The intention is that the tribunal will be able to make a decision based on paperwork and statements supplied by both parties. On occasion a hearing will be held where both parties must present their cases. There is no requirement for legal representation. The RPT may request to visit the property in question.

9.1 Housing Act 2004

9.1.1 Section 30 - Failure to comply with an improvement notice without reasonable excuse - the notice recipient commits an offence and is liable to a Civil Penalty being imposed of up to £30,000, or a Prosecution on summary conviction they can be fined up to level 5 on the standard scale. The obligation to carry out the remedial works continues despite the fact that the period for completion has expired.

9.1.2 Section 32 - Failure to comply with a Prohibition Order - an offence is committed if the premises is used in contravention to the order, or permission is given for the premises to be used in contravention to the order. On summary conviction fines up to level 5 on the standard scale may be levied.  

9.2 Environmental Protection Act 1990

Failure to comply with a notice under s80 - the notice recipient commits an offence and is liable to prosecution. On summary conviction the fine can be up to level 5 on the standard scale

9.3 Management of Houses in Multiple Occupation (England) regulations 2006

Failure to comply with these regulations is a strict liability offence. Where noncompliance is found the person(s) are liable to either a Civil Penalty of up to £30,000 for each offence or a prosecution on summary conviction the fine can be up to level 5 on the standard scale. 

9.4 Building Act 1984

Failure to comply with a notice under s59/60, s64/65 & s76 -the notice recipient commits an offence and is liable to prosecution. On summary conviction fine can be up to level 4. In addition a daily charge of £2 until works are completed can be incurred.

9.5 Public Health Act 1936

Failure to comply with a notice under s45 - the notice recipient commits an offence and is liable to prosecution. On summary conviction where steps other than work is required the fine is up to level 1 & £2 a day after conviction. Where work is required the fine can be up to level 4 and £2 a day after conviction. 

9.6 Standard scale

On the standard scale, the fines currently stand at Level 4 is currently up to £2,500. Level 5 is currently an unlimited fine.

10.1 Civil Penalties are an alternative disposal method to a prosecution. The Local Authority can choose to impose a Civil Penalty for any qualifying offence instead of prosecuting the responsible person.

10.2 When deciding whether to apply a Civil Penalty, the Council must be satisfied that there is sufficient admissible and reliable evidence that an offence has been committed by an identifiable individual(s) or company and that there would be a realistic prospect of conviction where the matter would be prosecuted in the courts.

10.3 The criminal standard of burden of proof, 'beyond reasonable doubt', must be evidenced in the officers file that this standard has been met.

10.4 Where the Council is satisfied that a relevant offence has been committed, Civil Penalties will, in most cases, be the primary consideration for the Council.

10.5 There will however be circumstances where a Simple Caution or Prosecution remains the most appropriate course of action. The higher the culpability of the offender, the worse their track record, and/or the higher the risk of harm presented the more likely that a prosecution will be pursued.

10.6 Any decision to apply a Civil Penalty will be fully considered by panel made up of the Head of Housing, Migration and Resettlement, the Private Sector Housing Manager and one other manager. A recommendation will then be made by the Private Sector Housing Manager to the Council's Legal Team.

10.7 If it is deemed that a Civil Penalty is the appropriate course of action the Council will fully adhere to the processes set out in the Housing and Planning Act 2016.

10.8 As an absolute minimum in determining the level of Civil Penalty to impose the Council will ensure that the Penalty removes any financial benefit the offender may have obtained as a result of committing the offence.

10.9 Revenue from Civil Penalties is ring fenced to support further Housing Enforcement Work.

10.10 Statutory Guidance on Civil Penalties can be found on GOV.UK: Civil penalties under the Housing and Planning Act 2016 (opens new window).

11.1 The Council can consider the use of a simple caution as an alternative to a prosecution where the person who has committed an offence(s) fully accepts responsibility of such and where the circumstances suit a simple caution rather than a prosecution.

11.2 Simple Cautions will be considered where:

• The defendant is aged 18 or over; and
• the defendant has admitted their guilt; and
• the defendant agrees to be given a Simple Caution; and
• a Civil Penalty is not appropriate or cannot be applied; and
• where there is evidence of the offence, but the public interest is best served this way

11.3 Should the defendant not agree to receive a Simple Caution, they will be prosecuted.

11.4 Cautions can be mentioned to the Court when sentencing the same offender for a later offence.

12.1 When making a decision to prosecute, the Council must first be satisfied that there is sufficient, admissible and reliable evidence that an offence has been committed by an identifiable individual(s) or company and that there is a realistic approach of conviction.

12.2 Where there is a breach of a notice or an order the officer must investigate the offence and take into consideration; Any reasonable explanation provided, any mitigating evidence, an individual's state of health and the offenders' attitude of the offence. The investigation of the offence will involve inviting the relevant people in for an interview to be conducted under caution, in accordance with the relevant parts of the Police and Criminal Evidence Act 1984.

12.3 The criminal standard of burden of proof, 'beyond reasonable doubt', must be met and evidenced in the officers' prosecution file. In addition, it must be considered in the public interest to prosecute.

12.4 Prosecutions will be brought without unavoidable delay.

13.1 The Housing Act 2004 makes provisions for the Council to carry out works to a property where the person responsible has failed to comply with an enforcement notice. 

13.2 Works in default can be carried out either instead of a prosecution or a Civil Penalty or in addition to a prosecution or Civil Penalty. The works in default procedure should be followed.

13.3 It is proposed that works in default should be used where there is an imminent risk of harm to the health and safety of the occupiers.

13.4 If it is to be used in other circumstances where the risks presented justify it, full justification based on the merits of the case will be required. Such works will be an option where it is possible to recover and secure the full costs, including overhead costs.

13.5 It is also proposed that it should be used in conjunction with a prosecution or Civil Penalty where it is appropriate to do so. This would be dependent on the nature of the hazard(s) but should be considered due to the delays often experienced during legal proceedings. The delays often result in the remedial action being postponed leaving the occupier living in unacceptable conditions and being exposed to hazards.

14.1 The Housing Act 2004 also makes provision for remedial works to be carried out by agreement where an improvement notice has been served. This is where the local authority arranges for the required works to be carried out at the request of the person responsible and they are then charged for the full cost.

14.2 In order to use this provision the officer must be confident that the cost of the works will be repaid in full once the work is complete. 

14.3 The budget must be in place for this procedure. If the costs incurred cannot be paid they must be placed as a charge against the property. The Enforced Sale Procedure may then be used if considered appropriate.

15.1 Authorised officers have the power to enter properties at any reasonable time to carry out its duties under section 239 of the Housing Act 2004 where at least 24 hours' notice of their intention to do so to the owner of the premises (if known) and to the occupier (if any) has been given.

15.2 No notice of an inspection is required where the inspection does not fall within the exemptions specified in section 239(6) & (7). These exemptions are to ascertain whether an offence has been committed under section 72 (offences in relation to licensing of HMOs), Section 95 (offences in relation to licensing houses) or section 234(3) (offences in relation to the HMO Management Regulations).

15.4 Where entry is consistently refused application will be made to the magistrates court for a warrant to enter premises.

15.5 An application to the magistrates court for a warrant of entry may also be made where the premises are unoccupied or where prior warning of entry is likely to defeat the purpose of the entry. A warrant under this section includes power to enter by force, where necessary.

16.1 A HMO is defined within The Housing Act as properties that are occupied by three or more people across two or more households that share basic amenities. Where the requirements are met some HMO are subject to mandatory HMO Licencing.

16.2 HMO present a greater risk to occupiers than single family homes and the conditions, facilities, amenities and management are regulated.

16.3 In all cases, and at all times, the Council expects full voluntary compliance with all regulatory provisions applying to HMO and their management.

16.4 In addition to the enforcement options described within this document the Council has the further powers detailed below to ensure that adequate standards are met and maintained in HMO:

• The Management of Houses in Multiple Occupation (England) Regulations 2006
• Interim Management Orders
• Final Management Orders

16.5 The Management of Houses in Multiple Occupation (England) Regulations 2006 (The Management Regulations)

16.5.1 All HMO, whether licensable or not, are subject to these Management Regulations. These regulations are the minimum management standards that must be adhered to at all times.

16.5.2 The regulations cover the management and repair of the HMO. There are no notice provisions with these regulations and therefore a breach of a Management Regulation is a strict liability offence and each individual breach of a Management Regulation is a separate and specific offence. Where breaches are identified the officer must go straight to considering imposing a Civil Penalty or prosecution.

16.5.3 The Council will treat each proven breach of a Management Regulation as it would any other offence covered by this Policy.

16.6 HMO Licensing

16.6.1 A HMO meets the requirements of Mandatory HMO Licensing where the property is occupied by five or more persons across two or more households sharing basic amenities.

16.6.2 It is a criminal offence for a person to control or operate a HMO without the required Licence.

16.6.3 HMO Licensing allows for the assessment of the fitness of a person to be the Licence holder and manager. Should a person not be deemed a fit and proper person to be the Licence Holder and/or Manager the HMO Licence will not be issued. Where a Licence Holder and/or Manager of an existing Licence become unfit or improper their Licence will be revoked.

16.6.4 There are currently no declared Additional or Selective Licencing schemes in Wiltshire.

17.1 Rent Repayment Orders were introduced under The Housing Act 2004 to cover situations where the landlord of a property failed to obtain a Licence for a property that was required to be Licensed. 

17.2 Rent repayment orders have now been extended through the Housing and Planning and Planning Act 2016 to cover a wider range of offences:

• Failure to comply with an Improvement notice (Housing Act 2004)
• Failure to comply with a Prohibition Order (Housing Act 2004)
• Breach of a Banning Order made under the Housing and Planning Act 2016
• Using violence to secure entry to a property (Criminal Law Act 1977)
• Illegal eviction or harassment of the occupiers of a property (Protection from Eviction Act 1977)

17.3 Rent Repayment Orders are an additional penalty over and above any other sanction and can be granted to either the tenant, where they were paying rent themselves, or the local housing authority, where rent was paid through Housing Benefit or through the housing element of Universal Credit. If the rent was paid partially by the tenant then any rent repaid must be split.

17.4 Where a Civil penalty has been imposed in respect of an offence, and there is no prospect of the landlord appealing against the penalty, a rent repayment order can be made against the landlord. Any income received by the Council is ring-fenced to support further Enforcement Action.

18.1 Wiltshire has a significant number of permanent mobile home parks and mobile homes.

18.2 Wiltshire Council will always work with site owners in a constructive way to improve sites where necessary and address any issues that arise.

18.3 In circumstances where site owners refuse to cooperate and breach a Condition of their Licence a compliance notice will be served under the GOV.UK: Caravan Sites and Control of Development Act 1960 (opens new window) requiring remedial works. The service of such notice will come with a charge for the Councils costs in taking such action.

18.4 Where a compliance notice is breached Wiltshire Council will consider taking the case forward for prosecution.

19.1 The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 July 2020 and apply in England to new tenancies from 1 April 2021 and existing tenancies from 1 April 2021.

19.2 These Regulations require landlords in the Private rented sector to ensure that minimum electrical safety standards are met in their properties and ensure the electrical installation are inspected and tested by a competent person at regular intervals of no more than five years, unless specified on the report. The landlord must provide a copy of the electrical safety report to their tenants within 28 days (and prospective tenants), and if requested, to their local housing authority (LHA)within 7 days. Where the report shows remedial work is necessary, the landlord must complete this work within 28 days and supply written confirmation to their tenants and to their local authority.

19.3 Where Wiltshire Council finds that a landlord is in breach of their duties under regulation 3 the Regulations allow for a financial penalty to be imposed, up to £30,000.

19.4 Where a landlord has breached their duties under Regulation 3, The Civil Penalty Policy should be followed for determining the appropriate level of financial penalty in each particular case.

19.5 Please read in conjunction with Adoption of policy to allow penalty charge notices and the recovery of costs of work undertaken to be made under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (PDF, 161 KB)(opens new window)

20.1 These Regulations require that all rented properties must be fitted with a working smoke alarm on each level of the premises where there is a room used as living accommodation at the start of each Tenancy.

20.2 In addition, where any room contains a fixed combustion compliance and is used as living accommodation must also be fitted with a working carbon monoxide alarm at the start of each tenancy.

20.3 Such alarms must be repaired or replaced once by the landlord once they have been informed that they are faulty.

20.4 Where the Local Authority has reasonable grounds to believe that these requirements have not been met; they must serve a remedial notice on the landlord requiring that they be provided. If the landlord does not comply with the notice, the Local Authority must carry out works in default of that notice to provide or maintain the detectors and may levy a penalty charge.

20.5 The penalty charge acts to reimburse the Local Authority for undertaking those works and also as a punitive penalty for non-compliance.

20.6 Please read in conjunction with Adoption of policy to allow penalty charge notices to be issued under Adoption of policy to allow penalty charge notices to be issued under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (PDF, 148 KB)(opens new window)

21.1 The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (as amended) requires primarily that landlords: 

• Have an Energy Performance Certificate (EPC) and provide a copy to tenants whenever they rent their properties out; and
• Ensure all rented homes have at least an E rating on the EPC or have been otherwise registered for a specified exemption.

21.2 Where the Council is satisfied, on the balance of probabilities, that a landlord has been at any time in the preceding 18 months in breach of one or more of the regulations 23, 36 or 37(4)(a), it may serve a penalty notice which imposes either a financial penalty, publication penalty or both.

21.3 Please Read in conjunction with Adoption of policy to allow penalty charges to be issued to the relevant person for non-compliance of responsibilities under Adoption of policy to allow penalty charges to be issued to the relevant person for non-compliance of responsibilities under The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (PDF, 132 KB)(opens new window)

22.1 Wiltshire Council will risk assess problematic empty properties and we have the full range of informal and formal action available. Where the condition of an empty property gives significant rise to risk of the health, safety and welfare of members of the public formal action will be considered where all informal avenues have failed.

23.1 A number of Housing offences along with a number of other offences trigger potential liability to a Banning Order. The complete list of offence can be viewed here: GOV.UK: Banning Order Offences under the Housing and Planning Act 2016 (opens new window)

23.2 In every case where a housing Banning Order Offence has been committed the Council will consider applying for a Banning Order and the decision will be publicised.

23.3 In all cases where the statutory conditions are met the Council will apply to enter the Landlord or agents details on the Rogue Landlords Database.