Appealing a Banning Order

Before a local authority can apply for a banning order against a landlord or property agent, they are legally required to issue a notice of intent. This notice informs the landlord or agent of the authority’s intention and provides an opportunity to respond. The recipient of the notice is given at least 28 days to submit a representation outlining why a banning order should not be pursued.

If a representation is submitted and the local authority still decides to proceed, they will apply to the First-tier Tribunal (Property Chamber) for a banning order. Landlords and property agents can present a detailed statement and supporting evidence during the Tribunal process to argue against the order being made.

Should the Tribunal issue a banning order, landlords have the right to appeal the decision [1]. Appeals must be filed with the Upper Tribunal (Lands Chamber) within 21 days of the First-tier Tribunal’s decision. However, permission to appeal must first be granted by either the First-tier Tribunal or the Upper Tribunal.

At Landlord Advice UK, we specialise in supporting landlords throughout this process. Whether you need assistance drafting robust representations to prevent a banning order or expert guidance to lodge and pursue an appeal, our team is here to help.

Key Takeaways for Landlords:

  1. Respond promptly to any notice of intent—you have a minimum of 28 days to make your case.
  2. Prepare strong evidence and arguments if the matter proceeds to the First-tier Tribunal.
  3. Act quickly if appealing a Tribunal decision, as strict 21-day deadlines apply.

Avoid unnecessary stress and ensure your case is handled professionally. Contact the experts at Landlord Advice UK for advice and representation regarding banning orders.

[1] s.53 of the Housing and Planning Act 2016

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