Decision details

Since 01 October 2014, all lettings agents and property managers in England have been under a legal obligation to become a member of a Government approved redress scheme. The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 (“the Order”) requires the Council to enforce the Order. Any lettings agent or property manager who fails to sign up to an approved scheme may be subject to a monetary penalty issued by the Council.

Cabinet agreed the following:

1.  To delegate the implementation and enforcement arrangements for The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 (SI 2014/2359) to the Director of Community Services;

2.  That the penalty for non-compliance with the Order be £5,000, unless extenuating circumstances apply;

3.  To authorise the Director of Community Services, or an officer authorised by the Director of Community Services, to determine what are extenuating circumstances and to determine what alternative penalty is appropriate in each case.

As a district council, Thanet District Council is the “enforcement authority” under the Order. It is therefore under a legal obligation to make arrangements for the implementation and enforcement of the Order. The monetary penalty for non-compliance with the Order was set at £5,000, unless extenuating circumstances apply, as this is what has been suggested by Government guidance issued in December 2014.

Cabinet considered, but rejected, the option of setting a lower monetary penalty, as this would have disregarded Government guidance issued to all enforcement authorities.