Banning Order Policy (non compliant landlords)

The following factors will be considered by the local authority in deciding whether to apply for a banning order, and when recommending the length of a banning order:

• the seriousness of the offence

• previous convictions/rogue landlord database

• harm caused to the tenant

• punishment of the offender

• deterrence to the offender from repeating the offence

• deterrence to others from committing similar offences

• Upper Tribunal Decisions.

The decision to commence the procedure to apply for a banning order and length of proposed time for any such order will be authorised by the Head of Service.

Where a banning order is made, and the Landlord is an HMO licence holder, the individual will be determined not to be ‘fit and proper’ to hold a licence under part 2 or 3 under the Housing Act 2004 and any licences in force under those parts will be revoked.