Banning Orders

Commencement:

Banning Orders were introduced under the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 (“the Regulations”) and came into force on 6^th April 2018. 

Scope:

A landlord or letting agent may receive a banning order if they have been convicted of the offences listed in the Regulations. A banning order will prevent landlords and letting agents who have committed a banning order offence from letting or managing residential properties.

Banning order offences:

At the time of writing there are 41 banning order offences which include:

1. Eviction or harassment of occupiers (section 1(2), (3) or (3A) Protection from Eviction Act 1977)
2. Violence for securing entry (section 6(1) Criminal Law Act 1977)
3. Failure to comply with improvement notice (section 30(1) Housing Act 2004)
4. Failure to comply with a prohibition order etc (section 32(1) Housing Act 2004)
5. Offences relating to licensing of HMOs (section 72(1), (2) and (3) Housing Act 2004)
6. Offences in relation to the licensing of a house (section 95(1) and (2) Housing Act 2004)
7. Contravention of an overcrowding notice (section 139(7) Housing Act 2004)
8. Failure to comply with HMO management regulations (section 234(3) Housing Act 2004)
9. Providing false or misleading information (section 238(1) Housing Act 2004)
10. Fire safety offences (Article 32(1) and (2) Regulatory Reform (Fire Safety) Order 2005)
11. Gas safety offences – breach of regulation 36 of the Gas Safety (Installation and Use) Regulations 1988 (s33(1)(c) Health and Safety at Work etc. Act 1974)
12. Non-compliance with right to rent checks (section 33A(1) and (10) and section 33B(2) and (4) Immigration Act 2014)