Banning Order Policy (non compliant landlords)

Appendix – Banning order offences

Banning Order Offences under Schedule 1 of The Housing and Planning Act 2016 (Banning Order Offences) Regulations [2017] 

Regulation Section Details

Protection from Eviction Act 1977

Section 1(2), (3) and (3A)

Unlawful eviction and harassment of occupier

Criminal Law Act 1977

Section 6(1)

Violence for securing entry

Housing Act 2004

Section 30(1)

Failing to comply with an improvement notice

Housing Act 2004

Section 32(1)

Failing to comply with a prohibition order

Housing Act 2004

Section 72(1), (2) and (3)

Offences in relation to licensing of Houses in Multiple Occupation

Housing Act 2004

Section 95(1) and (2)

Offences in relation to licensing of houses under Part 3

Housing Act 2004

Section 139(7)

Contravention of an overcrowding notice

Housing Act 2004

Section 234(3)

Failure to comply with management regulations in respect of Houses in Multiple Occupation

Housing Act 2004

Section 238(1)

False or misleading information

Regulatory Reform (Fire Safety) Order 2005

Article 32 Paragraphs (1) and (2)

Fire safety offences

Health and Safety at Work etc. Act 1974

Section 33(1)(c) where a person contravenes any requirement specified in regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 (6)

Gas safety offences - duties on landlords

 

Immigration Offences

Letting to someone disqualified from renting as a result of their immigration status, resulting in an offence under Part 3 of the Immigration Act 2014 (as amended)

Regulation Section Details

Immigration Act 2014

Section 33A(1) and (10)

Residential tenancies – landlord offences

Immigration Act 2014

 

Section 33B(2) and (4)

Residential tenancies – agent offences

 

Serious Criminal Offences

These are serious criminal offences for which an offender may have received a custodial sentence upon conviction.

Regulation Section Details

Fraud Act 2006

Section 1(1)

Section 6(1)

Section 7(1)

Section 9(1)

Section 11(1)

Section 12(2)

Fraud Offences

Criminal Justice Act 2003

Schedule 15

Specified violent and sexual offences

Misuse of Drugs Act 1971

Section 8

Section 9

Section 9A(1) and (3)

Section 18(1), (2), (3) and (4) Section 19

Section 20

Section 21

Offences involving the misuse of drugs

Proceeds of Crime Act 2002

Section 327

Concealing criminal property

Proceeds of Crime Act 2002

Section 328

Arrangements

Proceeds of Crime Act 2002

Section 329

Acquisition, use and possession

Protection from Harassment Act 1997

Section 2

Offence of harassment

Protection from Harassment Act 1997

Section 2A

Offence of stalking

Anti-social Behaviour, Crime and Policing Act 2014

Section 30

Breach of criminal behaviour order

Anti-social Behaviour, Crime and Policing Act 2014

Section 48

Failure to comply with a Community Protection Notice

Criminal Damage Act 1971

Section 1(1)

Destroying or damaging property

Criminal Damage Act 1971

Section 2

Threats to destroy or damage property

Criminal Damage Act 1971

Section 3

Possessing anything with intent to destroy or damage property

Theft Act 1968

Section 7

Theft

Theft Act 1968

Section 9

Burglary

Theft Act 1968

Section 21

Blackmail

Theft Act 1968

Section 22

Handling stolen goods