An industry body has warned that a council's approach to housing enforcement must be proportionate and evidence-based. Propertymark has responded to Bath and North East Somerset Council’s consultation on a tougher housing services enforcement and financial penalty policy.
Under the proposed policy, housing fines could increase by up to 50% where the council identifies aggravating factors, such as previous non-compliance or a breach lasting over six months. Proposed starting penalties include £20,000 for failing to carry out required electrical remedial work and £20,000 for serious breaches of HMO fire safety or amenity standards.
Propertymark stated in its consultation response that it does not agree with the council's approach to enforcing housing legislation. While supporting robust enforcement for serious non-compliance, the body expressed concerns that the proposed financial penalties framework needs to be proportionate and distinguish between deliberate wrongdoing and administrative failures.
The industry body also raised concerns about a proposed 10% increase for aggravating factors, capped at 50% of the starting penalty. Propertymark argues that minor or inadvertent breaches should not lead to disproportionately high penalties and that aggravating factors should be clearly defined and applied consistently.