The administration has stated that it aims to implement a number of sections of the Housing and Planning Act of 2016.
Local authorities will be able to file for a banning order if a landlord has been convicted of a ‘banning order offence’ as of April 6, 2018.
What is a banning order?
A banning order will ban a person from:
(a) letting housing in England,
(b) engaging in English letting agency work,
(c) engaging in English property management work, or
(d) doing two or more of those things.
Whether that person acts for themselves 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—
(a) informing the person that the authority is proposing to apply for a banning order and explaining why,
(b) stating the length of each proposed ban, and
(c) inviting the person to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
- 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?
Breaching a banning order is a felony punishable by up to six months in prison and an infinite fine. It’s also very likely that the Proceeds of Crime Act will be used to pursue confiscation.
How we can help
This form of law exemplifies the often-overlooked ramifications of a criminal conviction.
It is not enough for an attorney to comprehend only the principal offence to adequately represent clients; a broader understanding of the impact on a defendant must be grasped and considered during case planning.
Our highly skilled team at Levy & Co Solicitors can assist you in negotiating these complicated consequences and achieving the best possible outcome.
How can we help?
We ensure we keep up to date with any changes in legislation and case law so that we are always best placed to advise you properly. If you would like to discuss any aspect of your case, please contact our team of criminal defence specialists on: 01376 511819