Private Sector Housing Enforcement Policy

Closes 8 Oct 2026

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Section 1 – The Draft Enforcement Policy

Related information

Draft Private Sector Housing Enforcement Policy
This explains how the Council will respond when landlords, letting agents or property managers do not follow housing law.

Depending on the circumstances, the Council may:

  • give advice or guidance;
  • inspect a property;
  • ask for information or documents;
  • serve legal notices;
  • require works to be carried out;
  • carry out works in default and recover costs;
  • issue civil financial penalties;
  • prosecute serious cases;
  • apply for rent repayment orders; or
  • consider banning orders for the most serious offenders.
1. What are your views on the draft Enforcement Policy? Please tell us about any aspects you support, any concerns you have, or any changes you would like the Council to consider. Please use the space below to share your views.
2. Do you agree that Rotherham Council should adopt a Private Sector Housing Enforcement Policy to guide how it exercises its housing enforcement powers and duties?

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The Council has legal duties to investigate housing conditions and enforce housing legislation in the private rented sector. The draft Enforcement Policy sets out how the Council will carry out these duties, including when it may provide advice and support, investigate complaints, and take formal enforcement action where necessary.

The policy is intended to provide a consistent, transparent and proportionate approach to housing enforcement

3. The draft policy strikes an appropriate balance between supporting responsible landlords and taking action against poor practice and non-compliance.

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The Council is not proposing a "punishment first" approach. It will often provide advice and opportunities to put things right where problems are minor. However, where landlords knowingly break the law, create serious risks to tenants or repeatedly fail to comply, the Council can move straight to formal enforcement action. The policy therefore aims to support good landlords while taking firm action against poor practice.

(Required)
4. The draft policy clearly explains how investigations and enforcement action will be carried out.

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The policy lays out a clear enforcement journey. It explains:

  • How information is gathered;
  • How inspections are carried out;
  • When landlords may be asked to provide evidence;
  • What enforcement options are available; and
  • What happens if legal requirements are ignored.

It also explains how serious cases are treated differently from minor issues.

(Required)
5. The Council should prioritise its housing enforcement activity based on intelligence, evidence and risk.

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The Council has limited resources and cannot investigate every issue with the same level of intervention. It therefore proposes to prioritise enforcement activity in areas where intelligence, complaints, data and inspection findings indicate the greatest risk to tenants or the most serious housing problems. This approach helps ensure resources are directed to the highest-priority cases.

(Required)
6. The Council should be able to take immediate formal enforcement action in the most serious cases, without first providing advice or informal warnings.

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While the Council will often seek to resolve issues through advice, guidance or informal intervention, there are circumstances where immediate formal action may be necessary. These include situations involving serious risks to tenant safety, deliberate breaches of housing law, or repeated non-compliance where previous interventions have been ignored.

(Required)
7. The investigation powers and enforcement options described in the draft policy are fair and appropriate for the Council's role.

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This means Officers can choose the most appropriate response depending on the seriousness of the issue. Less serious cases may be resolved through advice, while more serious or repeated breaches can result in significant legal sanctions. The range of powers helps ensure responses are proportionate and lawful.

(Required)
8. The draft policy makes it easier for landlords, tenants and other stakeholders to understand what to expect from the Council’s Private Sector Housing service.

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The policy gives landlords and tenants a clearer understanding of how the Council will respond when housing standards are not met. It explains what actions officers can take, when those powers may be used and the possible consequences of failing to comply. This should help improve transparency and consistency in enforcement activity

(Required)