Prohibition Order
Prohibition orders are powerful enforcement tools under the Housing Act 2004, designed to address severe housing hazards in residential properties, including Houses in Multiple Occupation (HMOs). They impose restrictions on the use of premises, parts of premises, or specific rooms. In urgent cases, emergency remedial actions or emergency prohibition orders may also be issued. Below, we break down the details of these orders and their implications for landlords.
What is a Prohibition Order?
A prohibition order imposes restrictions on how a property or part of it can be used.
- Example: A prohibition order might prevent the occupation of a specific room due to safety concerns or prohibit the use of shared common areas in a building containing flats.
- The order applies to Category 1 or Category 2 hazards and becomes operative 28 days after it is made.[1]
Who Must Be Served with a Prohibition Order?
Prohibition orders must be served on specific individuals or entities to ensure compliance:[2]
- Owners or occupiers of the premises (in whole or part).
- Persons authorized to permit occupation of the premises.
- Mortgagees of the whole or part of the premises.
- For buildings containing flats, owners or mortgagees of the common parts, with service made by fixing the notice to a conspicuous part of the building if necessary.
Contents of a Prohibition Order
The order must clearly state:
- Whether it addresses Category 1 or Category 2 hazards.
- The deficiencies causing the hazard(s).
- The nature of the hazard(s).
- The remedial work required to revoke the order.
Consequences of Non-Compliance
Failing to comply with a prohibition order without a reasonable excuse is an offence. Landlords who breach a prohibition order may face additional penalties, including:
- Rent Repayment Orders: Requiring repayment of rent received while the prohibition order was in force.
- Banning Orders: Preventing landlords from renting or managing properties for a specific period.
Revoking or Varying a Prohibition Order
Local authorities must revoke a prohibition order if the hazard(s) have been fully addressed.
- If only some hazards have been resolved, the order may be partially revoked or varied with the agreement of all parties served.
- In Vaddaram v East Lindsey DC [2012] UKUT 194 (LC), the court confirmed that partial revocation is permissible under certain conditions.[3]
Emergency Prohibition Orders and Remedial Actions
In cases of imminent danger, local authorities can take emergency action to protect occupants.
Emergency Prohibition Orders
- Issued when a Category 1 hazard poses an imminent risk of serious harm to health or safety.
- These orders take immediate effect, prohibiting the use of all or part of the premises.
Emergency Remedial Action
- Local authorities may directly intervene to remove imminent risks by conducting emergency remedial actions.
- Notice Requirements: A notice of emergency remedial action must be served within seven days of the action being initiated and include:
- The nature and location of the hazard.
- The deficiency causing the hazard.
- The premises where action has been taken.
- Details of the remedial work and the date it started.
- The legal power under which the action was taken.
- Information on appeal rights and deadlines.
The term “imminent risk” was defined in Bolton MBC v Patel [2010] UKUT 334 (LC) to imply a high likelihood of harm occurring in the near future.
Appeals and Legal Rights
Both prohibition orders and emergency actions can be appealed to the First-tier Tribunal (Property Chamber).
- Appeals must typically be submitted within 21 days of the order being served.
- Grounds for appeal may include disputing the existence of the hazard, the appropriateness of the action taken, or procedural errors in issuing the order.
Key Takeaways for Landlords
- Prohibition Orders: These restrict the use of a property until specific hazards are resolved. Non-compliance can result in severe penalties.
- Emergency Actions: These address urgent risks and may involve immediate intervention by local authorities.
- Revocation: Addressing hazards promptly can lead to the order being lifted or varied.
- Appeals: Landlords have the right to challenge orders through the appropriate legal channels.
Contact Landlord Advice UK for Expert Support
If you’ve received a prohibition order or emergency action notice, or need guidance on addressing property hazards, Landlord Advice UK can help. Our legal experts specialize in landlord-tenant law and enforcement actions, ensuring your rights are protected and compliance is achieved. Contact us today for professional assistance.
[1] Section 24 of the Housing Act 2004.
[2] Schedule 2 to the Housing Act 2004.
[3] Section 25 of the Housing Act 2004; Vaddaram v East Lindsey DC [2012] UKUT 194 (LC).


We’re a landlord’s and
agent’s first call
We lead the way with evictions, helping landlords are agents nationally with a guaranteed eviction service and free advice line. Click to read our eviction service page.