Section 16 — Housing and Planning Act 2016: Making a banning order

Making a banning order 16 1 The First-tier Tribunal may make a banning order against a person who—

a has been convicted of a banning order offence, and b was a residential landlord or a property agent at the time the offence was committed (but see subsection (3)).

2 A banning order may only be made on an application by a local housing authority in England that has complied with section 15.

3 Where an application is made under section 15(1) against an officer of a body corporate, the First-tier Tribunal may make a banning order against the officer even if the condition in subsection (1)(b) of this section is not met.

4 In deciding whether to make a banning order against a person, and in deciding what order to make, the Tribunal must consider—

a the seriousness of the offence of which the person has been convicted, b any previous convictions that the person has for a banning order offence, c whether the person is or has at any time been included in the database of rogue landlords and property agents, and d the likely effect of the banning order on the person and anyone else who may be affected by the order.