Housing and Planning Act 2016—rogue landlords and property agents
Housing and Planning Act 2016—rogue landlords and property agents

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Housing and Planning Act 2016—rogue landlords and property agents
  • Banning orders
  • Database of rogue landlords and property agents
  • Rent repayment orders

Part 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to improve the way housing is managed, by enhancing the power of a local housing authority (LHA) to identify and combat rogue landlords and property agents in the private rented sector.

The provisions enable local housing authorities to apply for a banning order, which bans a landlord or property agent from managing or letting properties for at least 12 months. Tenants or LHAs can also apply for a rent repayment order (RRO) against a landlord who has committed a housing-related offence, requiring the landlord to repay an amount of rent paid by the tenant. The measures also provide for the creation of a database of rogue landlords and property agents (see: LNB News 20/12/2017 127 in respect of the database launched to protect private renters in London).

Banning orders

An LHA may apply to the First-tier Tribunal (Property Chamber) (FTT) for a banning order against a person or body corporate that:

  1. has been convicted of a banning order offence, and

  2. was a residential landlord or property agent at the time the offence was committed (this limb does not apply in relation to an application against an officer of a body corporate)

The effect of a banning order, is that a person can be banned from:

  1. letting housing in