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Under the Housing and Planning Act 2016 banning orders are set to be introduced from October 2017 in relation to residential lettings.

Section 14 of the Act introduces a power for the First-Tier Tribunal to serve a banning order preventing a landlord or property agent from letting properties in England. Some properties are currently being let out to tenants in an unsafe or poor condition.

Where someone has been convicted of a banning order offence, the local authority can then apply through the First-Tier Tribunal for a banning order.

There are a range of banning order offences that have been proposed, some of which include; illegally evicting or harassing tenants, failure to comply with improvement notices regarding properties, gas safety offences, letting to someone who is disqualified from renting because of their immigration status and more.

The Department for Communities and Local Government have launched a consultation for people to submit their views on what should be classed as a banning order offence. The consultation closes on the 9th February 2016. The Consultation paper can be found here.

The implementation of this new section will serve to force rogue landlords and property agents to improve or be prevented from letting properties.

If you require any advice on this issue or any other landlord and tenant issues, contact Katie Mitchell, Solicitor in the Property Litigation Team on 01484 821572 or by email at