Landlord Advice UK Tenant Eviction Service For Landlords

Banning Orders and Banning Order Offences

The Housing and Planning Act 2016 (the “Act”) introduced significant measures to regulate the private rental sector, including banning orders. These orders serve as a mechanism to prevent landlords and property agents who have committed serious offences from operating within the industry. The power to issue a banning order is vested in the First-tier Tribunal, following an application from a local authority.

What is a Banning Order?

A banning order is a legal directive that prohibits a landlord or property agent from engaging in the letting or management of rental properties. The order is issued when a landlord or agent is found guilty of committing banning order offences, ensuring that they can no longer continue their activities within the property industry. The enforcement of banning orders aims to protect tenants from rogue landlords and improve standards within the private rental sector.

A database of rogue landlords and property agents will be maintained to track individuals who are subject to banning orders, ensuring they cannot re-enter the market under different guises.

What Constitutes a Banning Order Offence?

A banning order offence is a criminal act deemed serious enough to warrant a ban from the private rental sector. The consultation paper proposed a list of offences that could lead to a banning order, divided into the following categories:

Relevant Housing Offences – These directly relate to housing and property management, including:

• Failing to comply with an Improvement Notice
• Breaching a prohibition order
• Offences under the Houses in Multiple Occupation (HMO) regulations
• Unlawful eviction or harassment of tenants
• Providing false or misleading information to local authorities

Immigration Offences – These involve breaches of immigration laws, particularly concerning Right to Rent regulations, such as:

• Renting property to tenants who do not have the legal right to reside in the UK
• Failing to conduct the necessary immigration status checks

Serious Criminal Offences – These offences involve serious crimes, including:

• Fraud
• Money laundering
• Theft
• Fire safety breaches
• Drug offences

Other Criminal Offences – Some offences not directly related to property but deemed severe enough to warrant a banning order, such as:

• Violent or sexual offences
• Offences under the Modern Slavery Act
• Discrimination or harassment charges

While the inclusion of serious criminal offences is understandable, some argue that non-property-related offences should not constitute banning order offences. A person committing an offence unrelated to property does not necessarily indicate that they are a rogue landlord or property agent.

The Process of Obtaining a Banning Order

The local authority must follow a structured legal process before obtaining a banning order:

1. Notice of Intention – The local authority serves the landlord or agent with a written notice outlining the intention to apply for a banning order.

2. Opportunity to Respond – The recipient has at least 28 days to make representations or provide a defence.

3. Application to the First-tier Tribunal – If the local authority decides to proceed, they submit an application to the First-tier Tribunal.

4. Tribunal Decision – The Tribunal reviews the evidence and decides whether to impose a banning order, including its duration and conditions.

Consequences of a Banning Order

A landlord or property agent subject to a banning order faces serious consequences, including:

• Inability to let or manage rental properties
• Inclusion in the database of rogue landlords and property agents
• Fines of up to £30,000 for breaching the banning order
• Potential criminal prosecution for operating while banned

Appeals Against a Banning Order

Landlords and property agents have the right to appeal a banning order if they believe it has been wrongly imposed. The appeal process follows these steps:

Application to the Upper Tribunal – If a landlord believes the First-tier Tribunal made an error, they can apply for an appeal.

Grounds for Appeal – The landlord must present legal grounds, such as:

• Incorrect interpretation of the law
• Failure to consider relevant evidence
• Procedural errors during the Tribunal hearing

Outcome of the Appeal – The Upper Tribunal may uphold, modify, or overturn the banning order based on the evidence presented.

Defences Against a Banning Order

Landlords and property agents can present several defences against a banning order, including:

• Lack of knowledge or involvement – Proving they were unaware of the offences committed (e.g., an agent’s employee acted independently).
• Procedural errors – If the local authority, the banning order might be deemed invalid.
• Rehabilitation and corrective actions – Evidence of significant improvements or compliance efforts may influence the Tribunal’s decision.

Conclusion

Banning orders play a crucial role in protecting tenants and ensuring high standards in the private rental sector. While the Housing and Planning Act 2016 provides a clear framework, concerns remain about the inclusion of non-property-related offences. Landlords and agents facing banning orders should understand their rights, potential defences, and the appeals process to ensure fair and just outcomes.

Ultimately, the goal is to balance tenant protection with fair treatment of landlords and property agents in the housing market.

You can contact our legal team if you need to seek legal advice or assistance relating to a banning order.