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Our Enforcement powers and our approach

Torbay Council expects all landlords to have a good understanding of the standards that they are required to meet in terms of the condition and management of the homes they rent out and of the appropriate behaviour and conduct they are obliged to display in terms of tenancy rights and interactions. We also expect full voluntary compliance with the law.

We will help owners of housing to meet their legal obligations by providing clear and concise information about what they need to do to comply. This information will be available by engagement with our website, our social media provisions, by direct communication with officers and via forums and open meetings. We will engage with our landlord associations and promote appropriate training and accreditation schemes.

At the time of drafting this policy, the principle acts and regulations enforced by the council’s Housing teams are;

  • The Housing Act 1985
  • The Housing Act 2004
  • The Building Act 1984
  • The Environmental Protection Act 1990 (as amended)
  • The Public Health Act 1936 (as amended)
  • The Local Government [Miscellaneous Provisions] Act 1976 and 1982
  • The Prevention of Damage by Pest Act 1949
  • Protection from Eviction Act 1977
  • Deregulation Act 2015
  • The Housing and Planning Act 2016
  • The Energy Efficiency (Private Rented Property (England & Wales) Regulations 2015
  • Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
  • Any subsequent legislation coming into force where the policy is yet to be updated

In addition to our powers as a local housing authority there are further powers available to us as the local planning authority and through Trading Standards and the regulation of letting and managing agents.

  • Enterprise and Regulatory Reform Act 2013
  • Redress scheme for Letting Agency Work and Property Management Work (England) Order 2014
  • Consumer Rights Act 2015
  • Town and Country Planning Act 1990 (as amended)

The interventions we may take in relation to the above legislation are set out in more detail throughout this policy.

Much of the legislation that the Council enforces sets out what must be achieved, rather than how it must be done. Guidance on how an outcome might be achieved is often set out in codes of practice or guidance notes. Where there is advisory material available describing good practice, inspectors will have regard to this.

In some cases the legislation is highly prescriptive as to what must be done and in such circumstances the discretion of the Council as duty holder and the enforcer are limited.

Section 3 - Targeting enforcement Action