Banning Order Policy (non compliant landlords)
Factors in decision making
The following factors will be considered by the local authority in deciding whether to apply for a banning order, and when recommending the length of a banning order:
• the seriousness of the offence
• previous convictions/rogue landlord database
• harm caused to the tenant
• punishment of the offender
• deterrence to the offender from repeating the offence
• deterrence to others from committing similar offences
• Upper Tribunal Decisions.
The decision to commence the procedure to apply for a banning order and length of proposed time for any such order will be authorised by the Head of Service.
Where a banning order is made, and the Landlord is an HMO licence holder, the individual will be determined not to be ‘fit and proper’ to hold a licence under part 2 or 3 under the Housing Act 2004 and any licences in force under those parts will be revoked.