banning order
📖 O que é banning order? Significado e conceito
A banning order is a significant legal measure taken against landlords who have committed certain offences, often referred to as 'banning order offences'. These orders are sought by local authorities, such as West Northamptonshire Council or the London Borough of Waltham Forest, and are decided by a First-tier Tribunal. The purpose of a banning order is to remove rogue landlords from the property market, protecting tenants and upholding housing standards.
When a banning order is imposed, it can last for a period of several years, with examples showing durations of 36 months (three years). The order can be absolute, meaning the landlord cannot manage or receive income from any properties, or it can have specific conditions. For instance, a landlord might be allowed to continue receiving income from existing tenants for a period, provided they engage a professional agent to manage the properties on their behalf. The agent would then be responsible for ensuring properties become vacant by a certain point, leading to an absolute ban for the remainder of the order's term.
Local authorities apply for these orders under section 15 of the Housing and Planning Act 2016. The tribunal considers factors such as convictions for banning order offences and whether the landlord is already listed on a database of rogue landlords. The decision to grant a banning order is made by tribunal members, such as Regional Judges or Judges, and the order is formally attached to the tribunal's decision.
📋 Requisitos
- Application for a banning order made by a local authority (e.g., West Northamptonshire Council, London Borough of Waltham Forest)
- The landlord has committed banning order offences
- The landlord has been convicted of banning order offences or received civil penalty notices
- The landlord may already be listed on a register of rogue landlords
📝 Procedimento
- A local authority submits an application for a banning order to the First-tier Tribunal.
- The tribunal receives the application and schedules a hearing.
- The tribunal considers the evidence presented by the applicant, such as convictions or civil penalty notices against the respondent landlord.
- The tribunal makes a decision on whether to impose a banning order and for what duration.
- The banning order, with its specific terms, is issued and sent to the parties involved.
💡 Exemplos
- A local council successfully applied for a 36-month banning order against a landlord who had multiple Houses in Multiple Occupation (HMOs) and was found to have committed offences.
- A landlord was issued a three-year banning order after being convicted of six banning order offences and receiving four civil penalty notices.
- The tribunal allowed a landlord to continue receiving income from current tenants for 24 months, provided a managing agent was appointed, with the ban becoming absolute for the final 12 months.
- A landlord with several properties in London was placed on a three-year banning order due to a history of non-compliance and being listed on a register of rogue landlords.
📚 Base legal
- Housing and Planning Act 2016
❓ Perguntas frequentes
Who can apply for a banning order?
Local authorities, such as councils, are the bodies that apply for banning orders against landlords. They do so to address serious misconduct and protect tenants.
How long does a banning order typically last?
Banning orders can vary in length, but the cases show periods of 36 months (three years) are common. The specific duration is decided by the First-tier Tribunal.
What happens if a landlord has existing tenants when a banning order is made?
The tribunal may include specific conditions. For example, a landlord might be allowed to continue receiving income for a set period, provided they appoint a professional agent to manage the properties and ensure they become vacant by a certain time.
What kind of behaviour leads to a banning order?
Banning orders are typically imposed when a landlord has committed 'banning order offences,' which can include convictions and multiple civil penalty notices, indicating a history of non-compliance with housing regulations.
Where are banning order decisions made?
Decisions regarding banning orders are made by the First-tier Tribunal, specifically the Property Chamber, which is a specialist court dealing with property-related disputes.
Can a landlord appeal a banning order?
While the excerpts do not detail the appeal process, generally, decisions made by the First-tier Tribunal can be challenged. If you are a landlord facing a banning order, you should seek advice from a qualified solicitor regarding your options.