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 |