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:   

  1. 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
  1. 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: 

John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396