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Housing & Planning Act 2016: Implications for Landlords and Property Agents

Coming but not yet in force ….   Banning orders

Local Housing Authorities (LHAs) in England will be able to apply. Banning orders will be used to prevent a person from:

  • Letting housing in England
  • Engaging in English letting agency work
  • Engaging in English property management work.

A banning order must last for at least 12 months and a breach is punishable by imprisonment or a fine of up to £30,000.

LHAs in England will maintain a database of persons convicted of a banning order offence and every LHA in England will have access to information in the database.

Recovering abandoned premises without a Court Order

Part 3 of the HPA 2016 is the legislation and it relates to properties in England only.

Section 57 provides that a private landlord may give a tenant notice bringing the tenancy to an end on the day on which the notice is given, if all of the following apply:

  • The tenancy relates to premises in England
  • Rent has not been paid
  • The landlord has given a series of warning notices and no valid response has been received.

The tenant can apply for their tenancy to be reinstated if they had a good reason for failing to respond to the warning notices.