Decision details

•The appointment by BCC as the LEA is prestigious and enhancing the authorities reputation and leader in this field of enforcement.
•It is evident from this further request our reputation is being enhanced still further and represents a natural extension of the current role.
•It is acknowledged the issuing of statutory does attract a small risk to the authority in the event of legal challenge.
•Therefore, this additional role with only be accepted if mitigated by MHCLG indemnifying BCC for all costs associated with any potential challenge.
•BCC is extremely well placed to deliver this additional role, building on the expertise of the LEA and legal expertise, we are at the forefront of enforcement in this sector.
•The request from MHCLG validates the work already undertaken and serves as a vote of confidence in our ability to deliver fit for purpose guidance.

On 18th April 2019 BCC was appointed to act as the Lead Enforcement Authority (LEA) for the purposes of the Tenants Fees Act 2019 (TFA) which came into force on the 01st June 2019.
The work of the LEA is being jointly delivered with Powys County Council who already hosted the established predicated on merging this new team with the already established Estate Agency Team hosted by Powys County Council. All the necessary legal agreements and authorisations are now in place and the team is functioning well. The team operates under the acronym NTSELAT (National Trading Standards Estate and Lettings Agency Team).
The existing contract did not include the need for the LEA to produce Statutory Guidance notes for Enforcement Authorities- these are currently produced by The Ministry of Housing Communities

Option 1 - Whilst BCC may refuse this additional role, the SoS may direct the LEA to undertake this role under S25(6). Therefore refusal would compromise our role as the LEA.
Option 2 -
Option 3 -