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Banning Order

An order made by the First-tier Tribunal, on a council’s application, under Part 2 of the Housing and Planning Act 2016. It bans a person convicted of a banning order offence, such as unlawful eviction or serious housing and licensing offences, from letting housing, doing letting agency or property management work, or both, for at least 12 months. People subject to a banning order are entered on the database of rogue landlords and property agents, and breaching the order is itself an offence.

Reviewed by Erdem VolkanLast reviewed 16 September 2026How we check facts

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)

Why it matters

What Banning Order means for a landlord

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.

Worked example

How it plays out

A landlord in Birmingham is convicted of illegally evicting a tenant and, separately, of failing to license an HMO. The council applies to the First-tier Tribunal for a banning order. The tribunal bans him from letting housing and from letting agency and property management work for three years, and he is entered on the database of rogue landlords and property agents. Letting a property during the ban would be a further offence.
An illustrative example. Names, places and figures are made up.

Common mistakes

Where landlords go wrong

  1. 01Believing a banning order needs a long record, when one conviction for a banning order offence can lead to an application.
  2. 02Ignoring early council letters that lead to prosecution.
  3. 03Trying to keep letting through a friend or relative, which the Act guards against.

What to do

A short checklist

  • Treat any prosecution notice as serious and take legal advice.
  • Resolve licensing and hazard issues when the council first raises them.
  • Keep records of how you dealt with each complaint.

Sources

Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.