Appeals

Before a council apply for a banning order against a landlord or property agent, the local authority is required to serve the landlord/agent with a notice of intent. The recipient of the notice of intent will have at least 28 days to make a representation against the notice of intent to set out reasons why a banning order should not be applied for.

If a representation is made, but the local authority still proceed with an application to the First-tier Tribunal (Property Chamber) for a banning order a defence could be filed to set out reasons why the Tribunal should not make a banning order.

The decision of the Tribunal can be appealed [1] and the appeal must be lodged with the Upper Tribunal Lands Chamber within 14 days of the decision of the First-tier Tribunal. An appeal cannot be made unless permission is granted by either the First-tier Tribunal or the Upper Tribunal.

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

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