With the intent to further improve standards within the private regulated sector and to provide further protection for tenants, the Government , by virtue of the Housing and Planning Act 2016 (‘the Act’) will, as from 6th April 2018, allow local authorities to seek a Landlord Banning Order (‘LBO’) where a landlord has been convicted of ‘banning order offence’.
John Veale of Kangs solicitors comments generally.
What are Banning Order Offences? | Kangs Criminal Offence Advisory Team
The offences fall into two categories:
- those where there is a link between the property rented out/ the tenant/household and the offence:
- involves fraud
- relates to the production, possession or supply of drugs
- has an element of violence.
- is of a sexual nature
- those where the link referred to above is not necessary:
- illegal eviction or harassment of a residential occupier in breach of the Protection from Eviction Act 1977 or the Criminal Law Act 1977
- offences in breach of the Housing Act 2004:
- offences relating to 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
- offences under section 32 of the Regulatory Reform (Fire Safety) Order 2005.
Effects of a LBO | Kangs Criminal Defence Team
Under the Act, a First –tier Tribunal can ban a person or body corporate, upon application by a local authority, who has committed a banning order offence from:
- letting housing in England,
- engaging in letting agency work in England,
- engaging in property management work in England.
- being involved in two or more of those things or
- being involved in any body corporate that carries out an activity that the person is banned by the LBO from carrying out.
Consequences of Breach of a LBO | Kangs National Criminal Defence Team
Breach of a LBO is in itself a criminal offence which, upon conviction, could result in:
- a prison sentence of up to six months or
- an unlimited fine
- or both and
- the possibility of confiscation proceedings under the Proceeds of Crime Act 2002.
How Can We Help ? | Kangs Regulatory Solicitors
There are representations that can be made by a landlord direct to local authority before the making of the application or to the tribunal if the application is in progress.
At Kangs Solicitors we have a highly experienced team who can deal with all aspects of crime, including the collateral consequences of a criminal conviction which can affect you in ways that you had not foreseen.
A number of our solicitors are ranked in the Legal 500 and Chambers & Partners.
An LBO could take away your livelihood so you should always seek professional legal advice be it during the criminal investigation stage and/or the aftermath of a conviction.
Our team of solicitors is here to help you and can be contacted as follows: