Private sector housing enforcement policy

In deciding the period of time for which the entry will be maintained i.e. remain on the rogue landlord database, the Local Housing Authority will have regard to the following factors:

(a) Severity of the offence

The severity of the offence and related factors, such as whether there have been several offences committed over a period of time, should be considered. Where an offence is particularly serious and/or where there have been several previous offences; and/or the offence(s) have been committed over a period of time, then the decision notice should specify a longer period of time. Where one or more of these factors are absent, it may be appropriate to specify a shorter period. The local housing authority will have due regard to the guidance on civil penalties as an alternative to prosecution when assessing the level of harm caused by such offending.

(b) Culpability and serial offending

The local housing authority will consider whether the offender has any previous convictions and/or financial penalties which have been issued. If an offender has previous convictions for Banning Order offences and/or financial penalties issued against them, it is likely that the period specified in the decision notice will be increased to reflect a pattern of offending. The local housing authority will have due regard to the guidance on civil penalties as an alternative to prosecution when assessing the level of culpability to be applied to such offending.

(c) Deter the offender from repeating the offence

The local housing authority will consider whether the period calculated is sufficient to deter the offender from committing further offences. If the local housing authority does not think the period is sufficient, the period may be increased to ensure deterrence is met.

(d) Mitigating factors

The local housing authority may reduce the time if mitigating factors are prevalent. Examples of mitigating factors may include genuine mistake, health issues or a recent bereavement that has contributed to the commission of the offence.

(e) Aggravating Factors

The local housing authority will give due consideration to the Sentencing Council guidelines and may increase the time if it is felt appropriate to do so given the circumstances of the offending.

When the Council has made the decision to exercise its powers under the Act to make an entry on the database, it will use the following steps and considerations to determine the length of time that the subject should be added to the database:

1. Assess the effect of a) above – the severity of the offence and b) above - the culpability and serial offending using the matrix below.

2. Apply any mitigation (reduction) presented in relation to the initial calculation and recalculate as necessary.

The Council may reduce the time if mitigating factors are prevalent.

Examples of mitigating factors may include genuine mistake, health issues or a recent bereavement that has contributed to the commission of the offence:

• Very strong mitigating factors, e.g. unavoidable, personal health, bereavement
• Reasonable mitigating factors, however little done to overcome these to prevent offence from occurring
• No mitigating factors

3. Apply any aggravating factors - the Council may increase the time if falsified and/or brazen mitigating factors exist, for example, lack of cooperation with the Council, persistent offending or a clear disregard for the legal responsibilities.

The calculated timescale of an entry on the database cannot be less than 2 years as the minimum timescale for an entry on the database for a person convicted of a banning order offence is two years beginning on the day that the entry is made. The calculated timescale for the duration of a Banning Order cannot be less than 12 months.

The matrix allows for a banning of 15 years or more to be considered. In the very worst cases Coventry City Council may apply for an indefinite ban.

This Council must remove an entry it made if all the convictions on which the entry was based have been overturned on appeal or if or ordered to do so by the First Tier Tribunal.

In some circumstances, the Council has the power to remove or vary an entry on the database including reducing the period for which the entry it made must be maintained. In those circumstances, the Council will consider the same factors set out in this policy to be used, when making the decision whether or not to make an entry on the database and the same factors of how long an entry shall remain on the database.

The procedures the Council must follow are set out in the Act. There are legal rights of appeal set out to the First Tier Tribunal in relation to decisions the Council makes to use its powers in relation to the database.