As previously reported, from 6 April 2018, parts of the Housing and Planning Act 2016 commence introducing banning orders and a database of rogue landlords and property agents in England.

Banning orders

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.


Form BN4: Appeal against a decision to impose a financial penalty, or the amount of a penalty imposed, following the breach of a banning order

Form RL01: Appeal against the LHA’s decision notice to include your name on the database of Rogue Landlord and Property Agents