What is a landlord banning order, and what gets you one?
In England, a landlord banning order is a First-tier Tribunal order that stops a convicted person from letting housing or doing specified property work. The same 2016 Act power is not used in Scotland, Wales or Northern Ireland, which use different landlord-registration, licensing or HMO tools.
In England, a landlord banning order is a First-tier Tribunal order that stops a convicted person from letting housing or doing specified property work. The same 2016 Act power is not used in Scotland, Wales or Northern Ireland, which use different landlord-registration, licensing or HMO tools.
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What is a landlord banning order?
A landlord banning order in England is an order made by the First-tier Tribunal, on an English local housing authority’s application, banning a person from letting housing, engaging in letting agency work, property management work, or specified descriptions of those activities. The Housing and Planning Act 2016 defines it as “an order, made by the First-tier Tribunal, banning a person from—”, and section 15 says: “A local housing authority in England may apply for a banning order against a person who has been convicted of a banning order offence.” Councils do not issue banning orders themselves; the tribunal makes them after the council applies. The closest tools elsewhere are not the same order under another name: Scotland can disqualify a convicted landlord from registration, Wales can revoke a Rent Smart Wales licence where the authority is no longer satisfied the holder is fit and proper, and Northern Ireland can disqualify an HMO owner from holding an HMO licence.
Which offences can get a landlord a banning order?
The 2018 Regulations’ Schedule lists 14 banning-order offence items, plus one more added by Tenant Fees Act 2019 section 12 — not the 41 separate offences sometimes reported. The Housing and Planning Act 2016 says a banning-order offence is “an offence of a description specified in regulations made by the Secretary of State,” and it adds that “An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.” The Schedule covers housing offences in items 1 to 5, immigration-related offences at item 6, and serious criminal offences at items 7 to 14, including violence, sexual offences, drugs, fraud, theft, burglary, blackmail and handling stolen goods; items 1 to 5 do not count after an absolute or conditional discharge, and serious offences only count if sentenced in the Crown Court. Scotland instead uses section 93 landlord-registration convictions, Wales uses fit-and-proper licensing assessment, and Northern Ireland’s disqualification route is HMO-specific.
How long does a banning order last?
A banning order in England must last at least 12 months and has no statutory maximum length. Section 17 of the Housing and Planning Act 2016 states: “A ban must last at least 12 months,” while government guidance states: “There is no statutory maximum period for a banning order.” MHCLG has described the range in a press release as 12 months to life, but life is not the word used in the Act; the legal rule is a 12-month minimum with no stated ceiling. Reported real orders tend to be measured in years, not labels: one Gateshead First-tier Tribunal order said, “They will last for a period of TEN YEARS from and including 9th January 2026,” and a Newham case imposed three years. Scotland’s landlord-registration disqualification is capped at five years, Northern Ireland’s HMO disqualification is capped at five years, and Wales’ Rent Smart Wales licence-revocation regime has no fixed statutory exclusion period.
Last reviewed September 2026.
Sources
- Housing and Planning Act 2016 s.14 — “In this Part ‘banning order’ means an order, made by the First-tier Tribunal, banning a person from—” Source
- Housing and Planning Act 2016 s.15 — “A local housing authority in England may apply for a banning order against a person who has been convicted of a banning order offence.” Source
- Housing and Planning Act 2016 s.14 — “In this Part ‘banning order offence’ means an offence of a description specified in regulations made by the Secretary of State.” Source
- Housing and Planning Act 2016 s.14 — “An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.” Source
- Housing and Planning Act 2016 s.17 — “A ban must last at least 12 months.” Source
- GOV.UK, Banning order offences under the Housing and Planning Act 2016 — “There is no statutory maximum period for a banning order.” Source
- MHCLG press release, New boost to rogue landlord crackdown — “Landlords convicted of offences under the government’s new law may also be given banning orders preventing them from leasing accommodation for a period of time, ranging from 12 months to life.” Source
- Gateshead Council v Hall, First-tier Tribunal banning order decision — “They will last for a period of TEN YEARS from and including 9th January 2026.” Source
- Surrey Property Licensing, Banning orders legal case — “The Tribunal imposed a banning order of three years, to take effect on 16 August 2023.” Source
