Talk to one of our advisers

01502 533000


01502 718700


01493 652204

Great Yarmouth

01493 849200


01986 872513


01502 533000


01603 510904

  • Home
  • Crime & Regulatory News

Landlords to Face Additional Punishment



The goverment has announced that it intends to bring into force a number of provisions contained in the Housing and Planning Act 2016. From 6 April 2018 the Act will allow local authorities to apply for a banning order where a landlord has been convicted of a "banning order offence."

What is a banning order?

A banning order will ban a person from:-

  1. lettting housing in England,
  2. engaging in English letting agency work,
  3. engaging in English property mangement work, or
  4. doing two or more of these things.

Whether that person acts for himself or via a corporate body.

What offences might prompt an application for a banning order?

The following offences will trigger an application for a banning order:

Any offence involving fraud, the production, possession or supply of illegal drugs, violent and sexual offences, are appropriate banning order offences subject to there being a link between the property being rented out and/or the tenant/household. The offences below (subject to there being a link between the property being rented out and/or the tenant/household):

  • An offence under sections 327-329 Proceeds of Crime Act 2002.
  • An offence under sections 2 or 2A Protection from Harassment Act 1997.
  • An offence under sections 30 or 48 Anti-social behaviour, crime and Policing Act 2014.
  • An offence under sections 7, 9, 21 or 22 Theft Act 1968.
  • An offence under sections 1(1) or 2 Criminal Damage Act 1971.

Any of the following offences:

  • Illegally evicting or harassing a residential occupier in contravention of the Protection from Eviction Act 1977 or the Criminal Law Act 1977;
  • Any of the following offences under the Housing Act 2004:
  • Failure to comply with an Improvement Notice;
  • Offences in relation to licensing of Houses in Multiple Occupation (HMOs);
  • Offences in relation to licensing of houses under Part 3 of the Act;
  • Allowing a HMO that is not subject to licensing to become overcrowded;
  • Providing false or misleading information.
  • Failure to comply with management regulations in respect of HMOs;
  • An offence under the Health and Safety at Work etc. Act 1974 where a person contravenes section 36 of the Gas Safety (Installation and Use) Regulations 1998;
  • Failure to comply with a Prohibition or Emergency Prohibition Order under sections 20, 21 and 43 of the Housing Act 2004;
  • An offence under section 32 of the Regulatory Reform (Fire Safety) Order 2005.

Can I argue against the making of the order?

Yes, you can make representations both to the local authority before the making of the application and to a tribunal if proceedings are commenced. There are the following protections:

Before applying for a banning order the authority must give the person a notice of intended proceedings-

  1. informing the person that the authority is proposing to apply for a banning order and explaining why,
  2. stating the length of each proposed ban, and
  3. inviting the person to make representations within a period specified in the notice of not less than 28 days ("the notice period").

In addition:

  • The authority must consider any representations made during the notice period.
  • The authority must wait until the notice period has ended before applying for a banning order.
  • A notice of intended proceedings may not be given after the end of the period of 6 months beginning with the day on which the person was convicted of the offence to which the notice relates.

What happens if I breach the order?

Breach of a banning order is a criminal offence that carries up to 6 months imprisonment and an unlimited fine. It is also highly likely that confiscation proceedings under the Proceeds of Crime Act will follow.

How we can help

This type of law illustrates perfectly the often-hidden consequences of a criminal conviction. To represent people properly, it is not enough that a solicitor understands only the main offence - a wider appreciation of the effects on a defendant must be understood and considered during case planning.

Our highly experienced team can assist you in navigating these complex penalties and working towards the most favourable resolution. Contact Natalie Whitelock or Rob Barley to discuss this or any other criminal matter on 01502 533000.



Share |

Visiting Us

  • Get Direction
    148 London Road North
    NR32 1HF
    United Kingdom

    Tel: 01502 533000
    Fax: 01502 533001
    DX: 41200 LOWESTOFT
    Hours: Mon - Fri 09:00 - 17:00, Sat 09:00 - 12:30
  • Get Direction
    18 Church Plain
    Great Yarmouth
    NR30 1NF

    Tel: 01493 849200
    Fax: 01493 849201
    DX: 745240 GREAT YARMOUTH 5
    Hours: Mon - Fri 09:00 - 17:00
  • Get Direction
    Exchange Square
    NR34 9HP

    Tel: 01502 718700
    Fax: 01502 718709
    DX: 51450 BECCLES
    Hours: Mon - Fri 0900 - 13:00, 14:00 - 17:00
  • Get Direction
    Old Bank House
    66a Bells Road
    NR31 6AF

    Tel: 01493 652204
    Fax: 01493 653462
    DX: 41050 GORLESTON
    Hours: Mon - Fri, 09:00 - 17:00
  • Get Direction
    52 Thoroughfare
    IP19 8AR

    Tel: 01986 872513
    Fax: 01986 875484
    DX: 51202 HALESWORTH
    Hours: Mon - Fri 09:00 - 13:00, 14:00 - 17:00
  • Get Direction
    23 Cathedral Street
    NR1 1LU

    Tel: 01603 510904
    DX: 5202 NORWICH
    Hours: Mon - Fri 09:00 - 12:30, 13:30 - 17:00
Norton Peskett Solicitors