Banning Order Policy (non compliant landlords)

Housing and Planning Act 2016 - Banning Orders

The Housing and Planning Act 2016 enables local authorities to apply to the First-tier Tribunal (FTT) to impose a banning order on a landlord or managing agent, following conviction for a ‘banning order offence’.

A landlord subject to a banning order is prevented from:

• Letting housing in England

• Engaging in English letting agency work

• Engaging in English property management work; or

• Doing two or more of those things (to ensure that any order is effective and to prohibit engagement in other related activities)

• A landlord subject to a banning order is also unable to hold a licence for a House in Multiple Occupation (HMO) and their property may also be subject to a management order

• A landlord is prevented from transferring the property to certain persons whilst the banning order is in force.

A banning order must be for a minimum of 12 months but there is no maximum.

The FTT will set the banning period but the Council is required to recommend a period as part of an application.