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Banning orders

This content applies to England

Banning orders prohibit landlords and agents from letting or managing residential properties.

Banning orders came into effect on 6 April 2018.[1]

Effect of a banning order

A banning order prohibits a person from:[2]

  • renting out residential accommodation
  • engaging in letting agency work
  • engaging in property management work.

A banning order also prohibits a person from holding a HMO licence or a licence granted under a selective licensing scheme. Local authorities must revoke a licence when it has been granted to a person who subsequently becomes subject a banning order.[3]

A banning order must last for at least 12 months. There is no upper time limit.[4]

A local authority must put anyone subject to a banning order on the national database of rogue landlords and agents.

What is a banning order offence

A banning order can be made against a landlord or agent who has been convicted of a banning order offence.[5]

The banning order offences are set out in regulations.[6] There are 41 separate offences, including:

A number of offences set out in the regulations are not directly related to housing, such as fraud, sexual assault, misuse of drugs, theft and stalking. To result in a banning order such an offence must be committed:[7]

  • against or in collusion with her/his tenant or licensee (or member of her/his household) or at (or in relation to) the property let out, and
  • at a time when the offender was a landlord or property agent of that property, and
  • by an offender who was sentenced in the Crown Court.

Applying for a banning order

An application for a banning order can be made to the First-tier Tribunal (Property Chamber) on Form BN1 after a landlord has been convicted of a banning order offence. Only a local authority can make an application and it is up to the authority to decide whether to apply or not.[8]

The Government has issued non binding guidance ('the guidance') around banning orders. This sets out factors a local authority might want to consider in deciding whether to apply for a banning order and, if so, the length of the order it will apply for.[9]

The local authority must first serve a notice on the landlord or agent stating:

  • why it is applying for a banning order
  • the length of order it will apply for
  • that s/he has at least 28 days to make representations in their defence.

The notice must be served within six months of the conviction for the banning order offence.

After considering any representations the authority must apply to a First-tier Tribunal.

Making a banning order

Only the First-tier Tribunal can decide whether to grant an order and if so, how long it should last. In making its decisions, the Tribunal must consider:[10]

  • the seriousness of the banning order offence
  • any previous convictions for that offence
  • whether the landlord or agent is, or was, on the rogue landlord database
  • the effect of the order on the landlord, agent or anyone else who may be affected by the order (for example, a tenant).

A banning order may specify exceptions, and the legislation sets out two examples:[11]

  • where there are existing tenancies and the landlord does not have the power to bring them to an immediate end
  • to allow letting agents to wind down current business.

The guidance does not add information as to exceptions should be made or how existing tenants will be protected.

Revocation and variation

A landlord or agent can apply to the First-tier Tribunal (Property Chamber) to revoke or vary the banning order using Form BN2.[12]

Sanctions if banning order breached

Where a landlord or agent breaches a banning order:[13]

  • s/he can be prosecuted by the local authority (using its powers under section 222 Local Government Act 1972) or the police. If convicted s/he can be imprisoned and/or fined
  • the local authority can impose a civil penalty of up to £30,000 as an alternative to prosecution
  • the local authority can apply for a management order, in respect of a HMO, in order to protect the health, safety or welfare of residents.

In addition, a local authority or a tenant (or licensee of the landlord) can apply to a First-tier Tribunal for a rent repayment order where a landlord has breached a banning order.[14]

A tenant who is granted a tenancy by a landlord who is a subject to a banning order has a legal tenancy.[15] To terminate the tenancy a landlord must follow the lawful procedure for ending the type of tenancy granted.

[1] Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 SI 2018/216.

[2] s.14 Housing and Planning Act 2016.

[3] s.25 and Sch.2  Housing and Planning Act 2016.

[4] s.17 Housing and Planning Act 2016.

[5] s.16 Housing and Planning Act 2016.

[6] reg 3 and Sch Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 SI 2018/216.

[7] reg 3(c) and items 7 to 14 Sch. Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 SI 2018/216.

[8] s.15 Housing and Planning Act 2016.

[9] Banning Order Offences under the Housing and Planning Act 2016: Guidance for local housing authorities, MHCLG, April 2018.

[10] s.16 Housing and Planning Act 2016; see for example the First-tier Tribunal decision in 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001.

[11] s.17(4) Housing and Planning Act 2016.

[12] s.20 Housing and Planning Act 2016.

[13] ss.21 to 23, s.26 and Sch. 3 Housing and Planning Act 2016.

[14] s.40(3) Housing and Planning Act 2016.

[15] s.24 Housing and Planning Act 2016.

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