Banning Orders – landlords

Banning orders are among the strongest enforcement measures available against landlords and property agents who commit serious housing-related offences in England.

An order can prevent a person from letting residential property, carrying out letting agency work or undertaking property management work for a specified period.

Where Do Banning Orders Apply?

The banning order regime was introduced by the Housing and Planning Act 2016 and applies only in England.

Scotland, Wales and Northern Ireland have separate housing legislation and enforcement arrangements.

What Can a Banning Order Prohibit?

Depending on its terms, a banning order can prohibit a person from:

• Letting residential accommodation in England
• Engaging in letting agency work in England
• Engaging in property management work in England
• Doing two or all three of these activities

The order can cover properties already being let as well as preventing the person from taking on new properties or tenants.

Who Can Receive a Banning Order?

A banning order can be made against an individual landlord or property agent and, in appropriate circumstances, a company or other organisation.

A person cannot normally be banned simply because a tenant or council considers them to be a poor landlord. The statutory procedure must be followed, and the person must generally have been convicted of an offence prescribed as a banning order offence.

What Is a Banning Order Offence?

Banning order offences include specified serious offences connected with housing, property management, fraud, violence, drugs, sexual offending and other criminal conduct.

Housing-related examples can include:

• Unlawful eviction or harassment of an occupier
• Failing to comply with certain housing improvement or prohibition notices
• Operating a licensable HMO without the required licence
• Operating a property requiring selective licensing without a licence
• Breaching an HMO management regulation
• Providing false or misleading information relating to licensing
• Repeatedly breaching the tenant-fee rules in circumstances amounting to a criminal offence
• Breaching an existing banning order

The complete list is set by legislation and should be checked carefully because not every housing offence automatically permits a banning order application.

Does Every Conviction Lead to a Ban?

No. A conviction for a banning order offence gives the local housing authority the power to consider making an application, but a banning order is not automatic.

The council should consider factors including:

• The seriousness of the offence
• The harm caused to tenants
• Theoffender'ss previous convictions
• Any previous civil penalties
• Whether the conduct was deliberate or repeated
• The need to deter the person and other landlords
• Whether the person remains suitable to operate in the rented sector

Notice of an Intended Application

Before applying to the First-tier Tribunal, the local housing authority must serve a notice of its intention to seek a banning order.

The notice should explain:

• Why the council intends to apply
• The proposed length of the ban
• The activities the council wants prohibited
• The right to make representations
• The deadline for responding

The landlord or agent should use this opportunity to provide relevant evidence and challenge any factual or legal errors.

The First-tier Tribunal

The local housing authority applies to the Property Chamber of the First-tier Tribunal for the banning order.

The Tribunal will consider the conviction, the council's case, the landlord or agent's response and whether making the order is appropriate.

The Tribunal decides:

• Whether a banning order should be made
• Which activities should be prohibited
• How long the order should last
• Whether any exceptions should be included

How Long Does a Banning Order Last?

A banning order must generally remain in force for at least 12 months.

There is no standard maximum period. A serious or repeated course of offending may justify a substantially longer order, and an order can potentially be made for an indefinite period.

The appropriate length will depend on the offence, harm caused, previous conduct and continuing risk to tenants.

What Happens to Existing Tenancies?

A banning order does not necessarily bring existing tenancies to an immediate end. Tenants retain their legal rights and should continue paying rent unless formally advised otherwise.

The order may allow a landlord a limited period to make arrangements concerning existing properties. A council may also consider whether a management order is required so that the property can continue to be managed lawfully.

A landlord should not attempt to remove tenants or terminate agreements unlawfully because a banning order has been made.

Licences and Banning Orders

A person subject to a banning order cannot hold a licence for a house in multiple occupation or a property covered by selective licensing.

An existing licence may need to be revoked. The local authority will need to consider how the property should be managed during the banning period.

The fact that a licence is revoked does not remove the landlord's obligations towards existing tenants.

Breaching a Banning Order

It is a criminal offence to carry out an activity prohibited by a banning order.

A breach can lead to prosecution, a substantial fine and further enforcement action. A local authority may also be able to impose a civil financial penalty as an alternative to prosecution where the legislation permits.

Attempting to avoid the order by operating through another person, company or informal arrangement may also lead to investigation.

Rent Repayment Orders

Tenants or a local housing authority may be able to apply for a rent repayment order where a landlord lets housing in breach of a banning order.

A rent repayment order can require repayment of rent paid by tenants or housing-related benefits paid during the relevant period.

This is separate from any criminal prosecution or financial penalty for breaching the order.

The Database of Rogue Landlords and Property Agents

A person who receives a banning order must be entered on the national database of rogue landlords and property agents.

Local authorities may also enter details of certain people convicted of banning order offences or who receive repeated civil penalties.

The database is primarily an enforcement tool used by local housing authorities. It is not generally a fully searchable public register available to every prospective tenant.

Can the Public Check the Database?

Access to the national database is restricted. Members of the public cannot generally search it in the same way as an ordinary public register.

Some councils and regional bodies operate separate public databases or landlord checkers. For example, renters in London may be able to search the Mayor of London's Rogue Landlord and Agent Checker.

Can a Banning Order Be Appealed?

A landlord or property agent may be able to appeal a banning order decision to the Upper Tribunal.

Permission to appeal is normally required and the appeal must generally identify an error of law rather than merely repeat disagreement with the Tribunal's findings.

Strict procedural deadlines apply, so legal advice should be obtained promptly.

Can an Order Be Varied or Revoked?

An application may be made to vary or revoke a banning order where circumstances have changed.

The Tribunal will consider matters including the person's conduct since the order was made, compliance with its terms and whether continuing the existing restrictions remains necessary.

The fact that the minimum period has expired does not mean that the order will automatically be removed.

Consequences for Landlords and Agents

A banning order can have serious financial and professional consequences, including:

• Loss of rental or management income
• Inability to operate a letting or property management business
• Revocation or refusal of property licences
• Entry on the rogue landlord database
• Rent repayment order applications
• Criminal or civil penalties for breach
• Reputational damage
• Possible management of properties by the local authority

Protecting Tenants

The purpose of a banning order is to remove the most serious or persistent offenders from the private rented sector rather than punish landlords for minor administrative mistakes.

The orders are intended to protect tenants from unsafe accommodation, unlawful eviction, harassment and repeated disregard of housing standards.

Local authorities are expected to use the powers proportionately and concentrate on offenders whose conduct demonstrates that they are unsuitable to continue operating.

What Should a Tenant Do?

A tenant concerned about serious misconduct should keep relevant evidence, including photographs, correspondence, tenancy documents and details of reports made to the landlord.

Problems involving unsafe conditions, unlawful eviction, harassment or unlicensed property can be reported to the local authority's private-sector housing or environmental health team.

Tenants should call the police where there are threats, violence, forced entry or an immediate danger.

What Should a Landlord or Agent Do?

A landlord or property agent who receives a notice of intended proceedings should not ignore it.

They should:

• Check the conviction and offence relied upon
• Review the proposed activities and length of the ban
• Respond within the stated deadline
• Provide evidence of compliance or mitigation
• Consider the effect on existing tenants and licences
• Obtain specialist legal advice

Continuing to let or manage property after an order takes effect can result in further serious penalties.

Getting Legal Advice

A solicitor specialising in housing or landlord and tenant law can advise councils, landlords, agents and tenants about banning order offences, notices, Tribunal proceedings, licensing, rent repayment orders and alleged breaches.

Advice should be obtained promptly because Tribunal and appeal deadlines can be short.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This page provides general information about banning orders in England. Different legislation applies in Scotland, Wales and Northern Ireland, and the legal position will depend on the offence, property and circumstances.

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