Banning Order
Quick answer
A court order under Part 2 of the Housing and Planning Act 2016 banning a person convicted of certain housing offences from letting property, engaging in lettings agency work or holding an HMO licence. Triggered by a banning-order offence (Schedule 1 of the Act): includes serious housing-condition offences, illegal eviction and unlawful HMO operation. A banned landlord is added to the national database of rogue landlords and breach of the order is itself a criminal offence with up to 51 weeks’ imprisonment.
At a glance
- What
- A tribunal order banning a person from letting or managing property
- Law
- Housing and Planning Act 2016
- Minimum length
- 12 months
- Trigger
- Conviction for a banning-order offence (e.g. illegal eviction, serious hazards, repeat breaches)
Full guide
Read the complete landlord guide on Banning Order
Deadlines, fines and step-by-step compliance in our in-depth resource.
Open full guideWhy Banning Order matters for landlords
A banning order is the most serious sanction a landlord or agent can face: the First-tier Tribunal can bar them from letting or managing residential property for at least 12 months. It follows a conviction for a "banning order offence" — for example illegal eviction, serious HHSRS hazards, or repeated licensing breaches. Anyone subject to one is also entered on the national database of rogue landlords, and letting property in breach of the order is itself a criminal offence. It is the endpoint of ignored compliance, which is exactly why staying on top of certificates, licensing and hazards matters.
Tracked inside LetCompliance
Stop tracking Banning Order in spreadsheets
LetCompliance scores every property 0–100 across Gas Safety, EICR, EPC, deposits, Right to Rent and Fire Risk — with deadline reminders 90/30/14/7/1 days out and a court-ready PDF you can export in one click. Built for UK landlords + letting agents.
Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Rent Repayment Order (RRO)
A First-tier Tribunal order requiring a landlord to repay up to 12 months’ rent (24 months under the Renters Rights Act 2025 for some offences) for specified housing offences: unlicensed HMO, breach of selective licensing, illegal eviction, harassment, failure to comply with an Improvement Notice or Banning Order. Sought by the tenant or, separately, by the local council. Triggered without needing a criminal conviction — the tribunal applies the criminal standard of proof to the underlying offence, then orders repayment.
Sub-letting
A tenant granting occupation rights to a third party (a sub-tenant) while the original tenancy continues. Most ASTs prohibit sub-letting without written landlord consent; under the Housing Act 1988 unauthorised sub-letting is ground 12 (discretionary) for possession and may also be a banning-order offence under section 79 of the Housing and Planning Act 2016 if rent is taken from the sub-tenant beyond the rent paid to the landlord (“rent-to-rent fraud”). The Renters Rights Act 2025 retains sub-letting consent as a contractual landlord right with a reasonable-refusal threshold.
Tenant Fees Act 2019
Legislation banning most fees charged to tenants in England. Permitted payments are limited to rent, a refundable tenancy deposit (capped at 5 or 6 weeks), a holding deposit (1 week), default fees, tenant change fees and early termination fees. Breaches carry fines up to £30,000.
Article 4 Direction
A planning tool councils use under article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove permitted-development rights, most commonly the right to convert a single-family home (Use Class C3) into a small HMO (Use Class C4) without planning permission. In an Article 4 area, every C3 → C4 conversion needs a full planning application, and operating without it can trigger an enforcement notice, a planning contravention notice or a refusal of HMO licence.
Civil Penalty Notice
A financial penalty up to £30,000 a local housing authority can impose as an alternative to criminal prosecution under the Housing and Planning Act 2016, the Housing Act 2004 (HMO offences) and various tenancy offences. Common triggers: failure to comply with an Improvement Notice, breach of HMO licensing, unlawful eviction, breach of selective licensing or letting an unsafe property. The landlord can appeal to the First-tier Tribunal within 28 days; unpaid penalties are recoverable in the County Court.
Council Tax
The tax charged on residential property by the local authority. Tenants are usually liable while the property is let as their main residence. Landlords become liable during void periods and for most HMOs (where each tenant has their own AST).