Council Housing Enforcement Policy

1. Housing Management Enforcement Policy

2. Aim of Housing Management enforcement

2.1 This policy applies to all enforcement activities taken by the Housing Service for breach of tenancy, including rent arrear and anti-social behaviour actions.

2.2 This policy should be read in conjunction with any service specific and corporate policies and procedures as well as national guidance on enforcement issues.

2.3 The council manage its tenancies through prevention, intervention, and enforcement. Where necessary enforcement will be used when other prevention and intervention methods have been unsuccessful. 

2.4 All officers will follow this enforcement policy as far as reasonably practicable. Any departure from the policy, for example to deal with situations of urgency or imminent risk, must be justifiable and be approved by the appropriate line manager when practicable, which may be after the event. 

2.5 Staff will be trained to effectively identify and manage breach of tenancy appropriately. 

2.6 All available and appropriate legal powers will be used in a reasonable and proportionate manner to effectively deal with any given tenancy breach. 

2.7 This policy applies to all properties operated within the Housing Revenue Account (HRA), and all non-HRA domestic residential property held by the General Fund, leased or licensed by the council to a tenant or provider.

3. Background

3.1 The Tenancy Management Policy, Rent Arrears Policy, Anti-Social Behaviour Policy and Procedure and compliance policies set out Wiltshire Council's approach.

3.2 Proportionate consistent and targeted enforcement action will be used when other prevention and intervention methods have been unsuccessful. 

3.3 The principal legislation applicable to this policy is: 

• The Housing Act 1985, 1988, 1996 and 2004
• ASB Crime and Policing Act 2014. 

3.4 The principal guidance applicable to this policy is: Anti-social behaviour powers: Statutory guidance for frontline professionals. 

3.5 Additional legislation that Wiltshire Council operates within is as follows: 

• The Crime and Disorder Act 1998. 
• Data Protection Act 2018.

4. Housing Management's approach to checks on compliance

4.1 The service will use its intellectual data to ensure that it meets its statutory obligations in relation to maintaining Heating, Electrical safety, Fire safety, Lift safety, Asbestos, Legionella risk assessments and damp and mould.

4.2 Tenancy breaches can be detected intellectually, for example rent arrears or by detection during interactions with tenants in their homes and communities (tenancy inspections and neighbourhood reviews).

4.3 Tenants and members of the public can also report any concerns to us;

• Online 
• By email 
• Via our housing portal - iHousing 
• By telephone to 0300 456 0117 
• In person to a member of staff
• In writing: Housing Management Team, Wiltshire Council, Bourne Hill, The Council House, Salisbury SP1 3UZ

4.4 The Service will endeavour to ensure that enforcement action is consistent by taking a similar approach in similar circumstances. However, officers will take into account many variables such as level of risk, compliance history and the attitude and actions of those involved which may result in different outcomes in what appear potentially similar investigations.

5. Housing Management's responses to non-compliance

5.1 Enforcement in the context of this policy includes informal action carried out through the provision of advice, verbal warnings initial warning, and final warning letters.

5.2 Formal enforcement will be taken where informal action has been unsuccessful or is deemed inappropriate when considering the seriousness of the report and non-compliance, measures include:

• extension of an introductory tenancy, 
• demotion of tenancy, 
• community protection warning, 
• community protection notice, 
• closure order, 
• injunction, 
• criminal behaviour order, 
• undertaking
• possession proceedings
• warrant of entry

5.3 Wiltshire Council will work in partnership with a variety of organisations including, but not limited to:

• Fire and Rescue Services, 
• Police, 
• NHS Medical and Mental Health Teams, 
• Social Services 
• Probation Services
• Third or Voluntary Sector service providers, 
• Trading Standards.

5.4 The service recognises that there is diversity within the community and enforcement activities will have regard to this.

6. Customer feedback

6.1 Tenant Satisfaction Measures (TSM) are sent to out annually (year one 50% of tenants receive TSM, year 2 the remaining 50% receive TSM). The Regulator of Social Housing sets the core questions and the responses are collected and published on the website and reported to the Housing Board. The TSM data is submitted to the Regulator of Social Housing.

6.2 Satisfaction Surveys are sent to tenants to enable them to advise us of their opinions on the service that they have received. Negative feedback is reviewed and followed up where applicable.

6.3 Service KPIs are routinely monitored and scrutinised by the Housing Board.

7. Appeals and complaints

7.1 A demoted tenant or introductory tenant will have the opportunity to appeal the decision to seek to evict, and the Council will review the decision if requested.

7.2 A community protection notice may be appealed at a Magistrates' Court within 21 days of issue of the notice.

7.3 A closure order may be appealed at a Crown Court within 21 days of the decision to make the order.

7.4 The Council has a formal complaints' procedure which ensures that any complaint is dealt with quickly, consistently and helpfully. Complaints can be made in person, in writing, by e-mail or on-line.