If a landlord is convicted of a “banning order offence” a local authority may apply to the First-tier Tribunal for a banning order against the landlord or agent who committed the offence.
A banning order offence includes (but not limited to):
- illegally evicting or harassing a residential occupier
- using violence to secure entry
- providing false or misleading information
- failing to comply with an improvement notice
- failure to comply with a prohibition order
- offences in relation to licensing of Houses in Multiple Occupation
- offences in relation to selective licensing under Part 3 of the Housing Act 2004 (section 95)
- violence for securing entry
- offences related to drugs
- contravention of an overcrowding notice
- fire and gas safety offences
- harassment and stalking
The full list of offences that could attract a banning order at the time of writing can be found in the schedule to The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018.
A banning order will ban the person from letting housing or acting as an agent (or both) in England.
A banning order must last for at least 12 months although there can be exceptions to allow for example a landlord to obtain possession orders against current tenants or to allow a letting agent wind down their business.
Database of rogue landlords
At the same time, a national database of rogue landlords is introduced and anybody with a banning order must be placed in the database.
Even without a banning order, a local authority may place a person on the database if they have been convicted of a banning order offence or have received a financial penalty in respect of a banning order offence at least twice in a 12 month period.
Local authorities throughout England will have access to the database (and are responsible for keeping it up to date) which will allow them to ensure a landlord or agent with a banning order can’t move areas within England.