Environmental Health policies and guidance regarding Housing issues
Case reference FOI2025/00381
Received 17 February 2025
Published 18 March 2025
Request
-Any internal guidance on retaining and using old complaints against landlords, including how previous complaints were considered in enforcement actions.
-Any policies or guidance issued to Environmental Health officers regarding investigating private landlords and their enforcement powers.
Response
-Any internal guidance on retaining and using old complaints against landlords, including how previous complaints were considered in enforcement actions.
Herefordshire Council carries out a wide range of legal duties under housing related legislation. These duties are applied by carrying out programmed inspections of premises, responding to complaints and offering advice. Appendix D of the Herefordshire Council Overarching Enforcement & Prosecution Policy contains Herefordshire Council – Supplementary Environmental Health Housing Enforcement Policy. This Appendix D outlines approach we take when considering housing enforcement action. It is intended to ensure that we deal with everyone in a consistent way. It applies to all private rented properties including Houses in Multiple Occupation (HMO’s). It also applies to privately owned and occupied dwellings. This policy complies with the enforcement concordat to which Herefordshire Council is a signatory and should be read in conjunction with the council’s overarching enforcement and prosecution policy.
The full policy documents can be found via the following weblinks:
https://www.herefordshire.gov.uk/downloads/file/1472/enforcement_and_prosecution_policy
https://www.herefordshire.gov.uk/downloads/file/5225/housing_enforcement_policy
With regards to question regarding retaining and using old complaints against landlords, including how previous complaints were considered in enforcement actions, the relevant guidance is detailed in this policy as:-
Page 22, para 9.8 -Fit and Proper Person Under section 66, the local Authority has to decide whether a License Holder or Agent is fit and proper. The Council must have regard amongst other matters to:
· Any previous convictions relating to violence, sexual offences, drugs or fraud.
· Whether the proposed License Holder has contravened any laws relating to housing or landlord and tenant issues § Whether the person has been found guilty of unlawful discrimination practices
· Whether the person has managed HMO’s otherwise in accordance with any approved Code of Practice.
Relevant convictions do not automatically mean a person cannot be deemed fit and proper. The Council must give consideration to any convictions alongside a Landlord taking training or engaging with Council initiatives.
-Any policies or guidance issued to Environmental Health officers regarding investigating private landlords and their enforcement powers.
This information is available in the Housing Enforcement policy which is published on the council’s website and can be viewed via the following link:
Housing enforcement policy - Council policies, strategies and procedures – Herefordshire Council
As such we consider this information to be exempt under Section 21 of the Freedom of Information Act 2000 because it is reasonably accessible to you via other means. Please take this letter as a refusal notice under S17 of the Act for this part of your request.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
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