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Housing and Planning Act 2016
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Housing and Planning Act 2016, Section 16 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 95(1)(ia) inserted by 2023 c. 36 Sch. 1 para. 2
- s. 100(7)(aa) inserted by 2023 c. 36 Sch. 1 para. 3
- s. 172(1)(a) words renumbered as s. 172(1)(a) by 2017 c. 20 s. 26(8)(a)(i)
- s. 172(1)(b) inserted by 2017 c. 20 s. 26(8)(a)(ii)
16Making a banning orderE+W
This section has no associated Explanatory Notes
(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.
Commencement Information
I1S. 16 in force at 6.4.2018 by S.I. 2018/393, reg. 2(a)
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